14.1. FRANCE
YOUR RIGHTS AS A CONSUMER
Notwithstanding anything to the contrary in these Terms, you benefit from the French legal (i) warranty of conformity of the goods described in articles L 217-4 and seq. of the French consumer code and (ii) warranty against hidden defects in the conditions set out in articles 1641 and seq. of the French civil code.
When acting under the legal warranty of conformity, you:
- are granted a period of two years from the delivery of the good to take action;
- may choose between the repair or replacement of the good, subject to certain cost conditions set forth in article L 217-9 of the French consumer code;
- are exempted from providing proof of the existence of the lack of conformity during the first twenty-four months following the delivery of the good.
You may decide to invoke the legal warranty against hidden defects as set forth in article 1641 of the civil code and, in such context, you may choose between the cancellation of the sale or a price reduction, pursuant to article 1644 of the civil code.
In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.
Please note that you may bring a claim before the courts of the place where you are domiciled
14.2. GERMANY
YOUR RIGHTS AS A CONSUMER
Notwithstanding anything to the contrary in these Terms, you benefit from the German legal framework on warranty of conformity of the goods and consumer rights as described in the statutory provisions (esp. sec. 312b et seqq., 433 et seqq. of the German Civil Code).
In the event of a defect of the Product (i.e. if the Product does not meet the specifications agreed between you and us or if the Product is not suitable for use in a manner that you could have expected according to the contract between you and us or as suggested in public statements from us), you are entitled to supplementary performance.
This means in particular, that you:
- are granted a period of two years from the delivery of the good to take action (sec. 438 sec. 1 No. 3 of the German Civil Code);
- may initially choose between the repair or replacement of the good, subject to certain conditions set forth in sec. 439 of the German Civil Code;
- in lieu of having the defect cured, may rescind the contract or have the purchase price reduced. This only applies, however, if you have first set a reasonable deadline to cure the defect and this deadline expires without the defect being cured or if the second attempt to remedy the defect has failed; besides, you are entitled to claim damages in accordance with clause 11;
- are exempted from providing proof of the existence of a defect of the good during the first six months following the delivery of the good unless proved otherwise (sec. 477 of the German Civil Code).
In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.
You may choose between the courts territorially competent under the German Civil Procedure Code and the courts of the place where you reside at the time of the conclusion of the Contract or the place where the harmful event occurred.
We inform you according to sec. 36 German VSBG (Gesetz über die alternative Streitbeilegung in Verbrauchersachen) that we are not obliged to take part in an extrajudicial resolution proceeding pursuant to the VSBG.
14.3. ITALY
YOUR RIGHTS AS A CONSUMER
Notwithstanding anything to the contrary in these Terms, you benefit from the Italian legal warranty of conformity of the goods described in articles 128 and seq. of the Legislative Decree no. 206 of September 6, 2005 as amended (“Consumers’ Code”).
We are under a legal duty to supply Products that are in conformity with these Terms. In case the received Products are faulty or misdescribed, you have a legal right to have Products brought into conformity free of charge by repair or replacement at your choice, unless the remedy sought is objectively impossible or excessively expensive compared to the other. Should these remedies be impossible or prohibitively expensive, or should it not be possible to provide them within a reasonable period of time from the request date, you may request, at your choice, to have an appropriate reduction made in the price or the contract cancelled and a total refund of the price paid by you. The same remedies are also applied in the event that the replacement or repair previously carried out caused considerable inconveniences to you.
The warranty period lasts twenty-four (24) months from the date of the delivery of the Product. You shall notify us that the Product is faulty or misdescribed within two (2) months from the detection of the defect, otherwise you will not be entitled to exercise your legal rights. In other words, you are entitled to exercise your legal rights for a period of twenty-six (26) months from the date of the delivery of the Product.
In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.
The courts of the place where the Italian consumer has his/her residence or domicile have exclusive jurisdiction.
You may also apply for an out-of-court mechanism to solve any lawsuit relating to these Terms with the competent bodies, in accordance with Sections 141 – 141decies of the Italian Consumers’ Code.
14.4. SPAIN
YOUR RIGHTS AS A CONSUMER
Notwithstanding anything to the contrary in these Terms, you benefit from the Spanish legal (i) warranty of conformity of the goods described in articles 118 to 124 of the Spanish Royal Legislative-Decree 1/2007 approving the General Law for the Defence of Consumers and Users; and (ii) warranty against hidden defects in the conditions set out in articles 1474 and 1484 and seq. of the Spanish civil code.
When acting under the legal warranty of conformity, you:
- are granted a period of two years from the delivery of the good to take action;
- may choose between the repair or replacement of the good, subject to certain cost conditions set forth in articles 119 to 122 of the General Law for the Defence of Consumers and Users;
You may decide to invoke the legal warranty against hidden defects as set forth in article 1484 of the Spanish civil code and, in such context, you may choose between the cancellation of the sale or a price reduction, pursuant to article 1486 of the Spanish civil code.
In case you return a Product to us, we will refund you the price paid for the Product by the method you used for payment, unless you have expressly agreed otherwise. We will proceed to the refund when we receive the Product back, or when you supply evidence of having sent back the goods, whichever is the earliest.