Last updated on 20 January 2023

1. GTCS AND COMMERCIAL POLICY
1.1 The original version of these general terms and conditions of sale (hereinafter referred to as “GTCS”) is written in French and this version is deemed authentic and shall prevail over any other version.

It applies exclusively to orders for products delivered in mainland France and in Corsica and placed by natural persons of legal age who are not acting in any professional capacity (hereinafter referred to as “Consumer(s)”) on the website www.salsajeans.com/fr (hereinafter referred to as the “Website”).

The Website is operated by the limited liability company Salsa France SARL & Salsa Luxembourg S.à.r.l. (hereinafter referred to as the “Seller”), whose registered office is located at 20 ter rue Schnapper (78100) in Saint-Germain-en-Laye. The Seller is registered with the Versailles Companies Registration Office under number 501 030 951 and its intra-community VAT number is FR71501030951.

1.2 Salsa France SARL & Salsa Luxembourg S.à.r.l. attaches the utmost importance to the preservation of health and nature.

The unique identification number (IDU) of SALSA FRANCE is FR252827_11SFPD.

This number is proof of registration in the producer responsibility organisation register and of payment of eco-contributions by the Seller, in accordance with the obligations of Extended Producer Responsibility (EPR) which are incumbent on producers (Articles L541-10 et seq. of the Environmental Code).

1.3 It is not the Seller’s purpose to sell products to professionals on its website and consequently it cannot be held liable for any damage or injury resulting from the use of its products in the context of a professional activity.

1.4 The Seller reserves the right not to process orders from users who do not comply with the GTCS.

1.5 The GTCS are an integral part of any contract for the sale of products on the website concluded between the Seller and the Consumers.

Any order placed for products on the Website implies unreserved acceptance of the GTCS by the Consumer, which is given by ticking a box before the order is placed and after the GTCS has been made available to them and they have been able to download and print it on a durable medium, as defined in the introductory article of the Consumer Code. The Consumers’ acceptance does not require a handwritten signature, insofar as the products are ordered online.

If the Seller is required to adapt the text of its GTCS, the version that applies to its relationship with the Consumer is that in force on the day of the conclusion of the contract with the latter, i.e. on the day the products are ordered.

If any of the articles in the GTCS are considered by a competent authority to be invalid, illegal or unenforceable, this will not affect the validity or enforcement of the other articles of the GTCS.

1.6 In order to create a SalsaStar account on the Website and/or to place an order, the Consumer must provide the Seller with an e-mail address and a postal address. These details must be correct and complete.

2. ORDERING PRODUCTS
2.1 Ordering procedure
To place an order on the Website, the user may choose to create a SalsaStar account or not. The user’s browser must be configured to accept cookies and pop-ups in order to enjoy all the browsing features of the Salsa online shop.
The steps are as follows:
1. Select the products you wish to purchase on the Website;
2. Add the selected products to My Basket;
3. Click on “Finalise your order”;
4. Select the payment method;
5. Check your order and its price, in accordance with Article 1127-2 of the Civil Code, as well as the accuracy of the information provided (and in particular the delivery address);
6. Proceed to payment and confirm the order once again;
7. You will receive confirmation of the order by e-mail.
Validation of the order implies the obligation for the Consumer to pay the price of the order. Your order will be finalised once you click on the “Confirm” button at the end of the purchase procedure. The sales contract will then be concluded.

2.2 Refusal of an order
The Seller reserves the right to refuse and not to honour orders in the following situations:
* the Consumer is under 18 years of age;
* the Consumer is not a “consumer” within the meaning of the Consumer Code
* the product is no longer available, in which case the Consumer will be informed as soon as possible;
* the Consumer’s payment and/or billing and/or delivery information is incorrect or inaccurate;
* the order is flagged by our security systems as being incorrect or likely to constitute fraud;
* the Seller has already encountered payment difficulties with the Consumer.

If the amount of the Consumer's order has already been debited, the Consumer will be credited again with the same amount.

2.3 Data verification and anti-fraud control
In order to prevent fraud, the Seller reserves the right to carry out a certain number of checks when the Consumer places the order, or subsequently, by asking him/her to provide additional information or evidence. If the suspicion of fraud is confirmed, the Seller reserves the right to cancel the Consumer's order. If the amount of the order has already been debited, the Consumer will be credited again with the same amount.

2.4 Product compatibility
If the Consumer buys a product in order to complete a product that they already own, they must inform the Seller in advance so that compatibility can be ensured.

3. PAYMENT METHODS AND HOW THEY WORK
3.1 Payment methods
You can view the accepted payment methods in the Help/FAQs section of the Website. We do not accept any payment method other than those mentioned.

3.2 How they work
We will deduct the amount due from your bank account when you place your order on the Website. All information relating to the credit card used to pay for the order (for example, the card number or the validity date) will be sent via an encrypted protocol to the company providing the remote electronic payment services, without third parties being able to access the information provided. This information will not be used by the Seller, except to carry out the necessary procedures for the purchase or refund in the event of the return of the products or to communicate it to the authorities in the event of fraud or legal proceedings.

4. ORDER SECURITY
The Website uses robust security technologies.

Your payment information will be encrypted as soon as it is entered and until the transaction is processed. Similarly, it will not be stored on a public server. Although we use encryption software, the security of information and payments transmitted over the internet or by e-mail cannot be guaranteed. The Seller shall not be liable for any damages resulting from the use of electronic means of communication, including, but not limited to, damages from failures or delays in the delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for the communication or transmission of viruses.

5. RETENTION OF TITLE
The Seller shall retain ownership of the products until it has received full payment for all products from the Consumer.

6. PRICE
6.1 The price of the products becomes fully payable on conclusion of the contract by the Consumer.

6.2 The prices shown on the Website are all given in euros and include VAT.

6.3 The applicable prices are those shown on the Website at the time the order is placed. The prices of the products shown on the Website may be changed over time by the Seller.

6.4 The amount of the delivery costs depends on the delivery method chosen and the amount of the order. You can use the following link for further information on delivery costs by country https://www.salsajeans.com/fr//mag_244.html.

7. QUALITY AND GUARANTEE
You will find the main characteristics of each product offered on the Website in the product datasheets.

8. DELIVERY AND RECEIPT
8.1 Place of delivery
These GTCS are only applicable to products delivered in mainland France and Corsica, to the address that the Consumer provided to the Seller when placing the order. The address must be correct and complete.
An order is considered to have been delivered when the delivery note is signed on receipt of the order.

8.2 Delivery times
Products are delivered within one to five business days of the order being placed. While we will do our best to deliver within this deadline, we cannot guarantee that the order will be delivered on time. We will keep you informed should any delay occur with regard to the delivery date set.
If you choose Express delivery and confirm your order on a business day before 12 noon, your order will be shipped on the next business day.

8.3 Partial deliveries
Wherever possible, we will ship your order in one package. However, we reserve the right to split the delivery of the order, especially if part of the order is late or if a product is unavailable. You will be informed in such cases.

8.4 Inspection on delivery
The Consumer should inspect the apparent condition of the products and the packaging at the time of delivery in order to detect any defects or damage to the packaging and its contents. In the event of an apparent defect, the package should be refused or, at the very least, you should state your reservations precisely and completely, in writing, before sending the Seller written notification of this defect, together with photos, within six (6) days of receiving the products.

The package must then be returned to the Seller and, after verification, the Seller will reimburse the products concerned when the return procedure is finalised.

Any claim of non-receipt of an order must be made within no more than thirty (30) days of the date of purchase. After this period, the Seller will no longer be held responsible for the loss of the package.

8.5 In-store delivery
We also facilitate delivery to a selection of Salsa* shops, which you can view when choosing your order delivery method. Enter the postcode or city where you would like your order to be delivered. Once you have requested in-store delivery, you will receive a unique code by TEXT MESSAGE / E-MAIL that guarantees the security of your order and allows you to collect it from the selected shop. You will be informed of the status of your order by e-mail / text message.
*You can use the following link to find out where you can have your order delivered: https://www.salsajeans.com/fr//mag_244.html. This delivery and return service is not available in establishments that sell Salsa products but are not Salsa shops (e.g. El Corte Inglés, Galleries Lafayette, etc.)

8.6 Transfer of risks
Any risk of loss of or damage to the products shall be transferred to the Consumer at the time the Consumer or a third party designated by the Consumer, other than the carrier, takes physical possession of the products.

8.7 Delivery error
Any Consumer who receives a package that is not intended for them should refuse to take delivery. In the absence of refusal and in accordance with Article 1302-1 of the Civil Code, they must inform the Seller without delay and they will then be told what steps to take in order to return the package.

9. PRODUCT RETURN PROCEDURES
In the event of products being returned, for whatever reason:
- the Consumer must return the products in accordance with the instructions provided by the Seller and in their original packaging, together with all the components and/or accessories and the purchase invoice;
- the authentication label placed on each product delivered must not be removed;
- the condition of the products must not be less than that in which the Consumer received them.

If these precautions are not taken, the Seller reserves the right to refuse the return of the products and the reimbursement of the order.

10. ORDER CANCELLATION, PRODUCT RETURNS AND EXCHANGES
10.1 Cancellation of the order before shipping
The Consumer will not be able to cancel their order if it has already been shipped by the Seller.

The real-time status of the order is only accessible to SalsaStar customers, namely those who have created an account on the Website. If a SalsaStar customer wishes to cancel their order, they must first check the status of the order through the Order and Return menu of their account. If the order is not yet marked “Shipped”, it will still be possible to cancel it by contacting Customer Service. If the order has already been shipped, it will no longer be possible to cancel it.

Orders of customised products cannot be cancelled as the customisation/personalisation process starts after order confirmation. The Consumer will still be able to return the products according to the terms and conditions above and below.

If the Consumer has placed an order without being identified, they should contact Customer Service to find out the status of the order.

10.2 Right of withdrawal
After placing an order on the Website, the Consumer has the right to cancel the contract concluded with the Seller, as well as any ancillary contracts. The Seller grants the Consumer a period of 30 (thirty) days from receipt of the package, or, in the case of an order for several products received on different dates, from receipt of the last package. This period begins the day following receipt of the package. If the period expires on a Saturday, Sunday or public holiday, it is extended until the next business day. In accordance with Article L221-20 of the Consumer Code, where the information relating to the right of withdrawal has not been provided to the Consumer, the withdrawal period is extended to twelve (12) months from the expiry of the initial withdrawal period of thirty (30) days. However, where the provision of this information occurs during this extension, the Consumer has a period of thirty (30) days from the day on which this information was received to exercise their right of withdrawal.

Any Consumer wishing to exercise their right of withdrawal must notify the Seller, either on the Website or by sending the Seller a clearly worded written statement by post, expressing their wish to withdraw, accompanied by the product(s) that they wish to return. The Consumer is not obliged to inform the Seller of the reasons for their withdrawal. The burden of proof regarding the exercise of the right of withdrawal lies with the Consumer.

The exercise of the right of withdrawal by the Consumer implies the return of the products to the Seller and the reimbursement of the Consumer. On receipt of the products, the Consumer shall handle the products and their packaging with care. They may unpack or use the products for the sole purpose of establishing their nature, characteristics and function. Failure to do so may result in the Consumer being held responsible for any depreciation of the products and the Seller may make a deduction from the amount refunded.

As soon as possible, but no later than fourteen (14) days from the notification of the wish to withdraw, the Consumer shall return the products to the Seller or to any other person designated by the Seller.

The Seller shall reimburse the full amount of the order, or that of the products if only a part of the order is subject to withdrawal, no later than fourteen (14) days after the date on which the Seller was informed of the Consumer's wish to withdraw. However, the Seller may delay the reimbursement until it receives the returned products or until it receives proof of their return by the Consumer, whichever comes first. The Consumer shall be reimbursed by the same payment method that they used to pay for their order, unless they expressly agree to the reimbursement being made by a different method, provided that this method does not entail any additional costs for them. The amount of the reimbursement shall be equal to the price of the returned products. This reimbursement includes the cost of delivery of the package but excludes any additional delivery costs chosen by the Consumer if the delivery method chosen differs from the standard delivery methods.

In accordance with Article L221-28 of the Consumer Code, the Consumer may not exercise their right of withdrawal if the Contract is related to the following:
1. The supply of services which have been fully provided before the end of the withdrawal period and, if the contract subjects the Consumer to an obligation to pay and provision of the services has begun with their prior and express agreement and their acknowledgement of the loss of their right of withdrawal, when the service has been fully provided by the trader;
2. The supply of products or services whose price is dependent on fluctuations in the financial market beyond the control of the Seller and which may occur within the withdrawal period;
3. The supply of products made to the Consumer’s specifications or clearly personalised;
4. The supply of products that are liable to deteriorate or expire rapidly;
5. The supply of products which have been unsealed by the Consumer after delivery and which cannot be returned for hygiene or health protection reasons;
6. The supply of products which are, after delivery, according to their nature, inseparably mixed with other items;
7. The supply of alcoholic beverages whose delivery is delayed beyond thirty (30) days and whose actual value, agreed on at the conclusion of the contract, is dependent on fluctuations in the market beyond the control of the Seller;
8. Maintenance or repair work to be carried out urgently at the Consumer’s home and expressly requested by the Consumer, within the limit of the replacement parts and work strictly necessary to address the emergency;
9. The supply of audio or video recordings or computer software which were unsealed by the Consumer after delivery;
10. The supply of a newspaper, periodical or magazine, with the exception of subscription contracts for the supply of such publications;
11. Contracts agreed at a public auction;
12. The provision of accommodation other than for residential purposes, transportation of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;
13. The supply of digital content which is not supplied on a tangible medium, the performance of which has begun before the end of the withdrawal period and, if the contract imposes an obligation to pay on the Consumer, where:
a) The Consumer has given their prior express consent for the performance of the contract to begin before the end of the withdrawal period; and
b) The Consumer has acknowledged that they will thereby lose their right of withdrawal; and
c) The trader has provided confirmation of the Consumer's agreement in accordance with the provisions of Article L221-13(2).

10.3 Guarantee against hidden defects
Pursuant to Articles 1641 to 1649 of the Civil Code, the Seller is bound by the guarantee against any hidden defects in the product sold which make it unfit for its intended use, or which so impair this use that the Consumer would not have acquired it or would have demanded a lower price had they known about them. In order for the guarantee against hidden defects to be invoked, the defect must not have been apparent on the day the Contract was agreed, must be inherent to the product and the guarantee claim must be lodged within two (2) years of discovery of the defect by the Consumer and no more than five (5) years of the date of signing the Contract. It is up to the Consumer to prove that these conditions have been met.

Any Consumer who wishes to invoke the guarantee against hidden defects shall inform the Seller in writing of the defects found and return the product. If the defect is confirmed by tests carried out by the Seller, the Seller shall reimburse the price of the product or return part of the price. The cost of returning the product shall be borne by the Consumer.

10.4 Guarantee of conformity
Pursuant to Articles L217-3 to L217-20 of the Consumer Code, the Seller must deliver a compliant product to the Consumer, i.e. one that is fit for the purpose usually expected of a similar product and that has the characteristics agreed with the Consumer and/or is fit for a special purpose agreed with the Consumer. In order for the guarantee of conformity to be invoked, the product must have been delivered to the Consumer within the previous two (2) years, and the Consumer must not have been aware of the defect affecting the product on the day the Contract was signed. For new products, it is up to the Seller to provide evidence of their conformity. For second-hand products, it is up to the Consumer, after a period of twelve (12) months has elapsed since the Contract was signed, to provide evidence of the non-conformity of the product.

Any Consumer who wishes to invoke the guarantee of conformity shall inform the Seller in writing of the defects found and return the product. If the defect is confirmed by tests carried out by the Seller, the Seller shall repair or exchange the product, according to the Consumer's choice. Pursuant to Article L217-12 of the Consumer Code, if the Consumer’s choice is impossible to achieve or involves disproportionate costs, the Seller may alternatively offer the Consumer the choice between a reduction in the price of the product concerned or the termination of the contract.

Pursuant to Article L217-17 of the Consumer Code, the Seller shall reimburse any return costs incurred by the Consumer only on submission of supporting documentation of the return and after the product has been returned, provided that the lack of conformity is confirmed by the Seller. The legal guarantee of conformity applies regardless of any commercial guarantee that may be granted to the Consumer.

10.5 Return of gifts
Products must be returned by the person who placed the order for these products, including in the case of gifts.

10.6 Exchange of products
To exchange a product for another product or for the same product in another size or colour, please follow the instructions in the Returns section.

10.7 Return costs
The costs of delivery and/or return of the products shall be borne by the Consumer, except where it is expressly mentioned in the GTCS that they should be borne by the Seller.

Reimbursements shall be made by the same payment method used by the Consumer to pay, and for the same amount paid by the Consumer. The Consumer shall receive the refund as soon as the product(s) has(have) been returned and the return procedure has been finalised.

You can use the following link to find out more about the return procedure and the deadlines for reimbursement:
https://www.salsajeans.com/fr/echanges-et-retours/mag_245.html

10.8 In-store returns
You can return your order to a selection of Salsa* shops. The shop will arrange for your order to be sent to the distribution centre and, after verification, the Seller will reimburse the price of the product or ship the replacement product. You will be informed of the status of your order by e-mail / text message.

As with in-store delivery, for in-store returns/exchanges, you will also receive a unique code via text message and e-mail that guarantees the security of your order.
*You can use the following link to find out where you can return your order: https://www.salsajeans.com/fr//mag_244.html. This delivery and return service is not available in establishments that sell Salsa products but are not Salsa shops (e.g. El Corte Inglés, Galleries Lafayette, etc.)

11. CUSTOMER SERVICE
For any additional information, you can contact the Seller at the following e-mail address: customer.care@salsajeans.comor via the Salsa Customer Service. You may also obtain further information from the Help/FAQs menu on the Website.

12. CONDITIONS APPLICABLE TO PROMOTIONAL CODES
12.1 When used in accordance with the established rules, a promotional code entitles the user to a special offer/discount on the purchase of a specific product or set of products during the period indicated in / associated with the promotional code/campaign.

12.2 Promotional codes are personal and non-transferable. They can be used on online purchases made on the Website and in Salsa shops in France. Promotional codes may not be sold, exchanged or given as a gift. The use of promotional codes for commercial purposes is prohibited.

12.3 The promotional code is associated with the Salsa brand. The use of the promotional code in association with any other brand, company or name is prohibited.

12.4 The use of the promotional code is limited to one use per product and per order. Promotional codes may not be combined with other promotional codes, promotions or special offers.

12.5 Promotional codes cannot be exchanged for cash.

12.6 The Seller has no obligation to reissue or return promotional codes. However, should the Seller decide to reissue or refund a promotional code, they must have access to the original promotional code. The Consumer must therefore keep a copy of their promotional code. Otherwise, it will be impossible to reissue or replace it if it is lost.

12.7 In cases where the Seller reissues/refunds the promotional code, the amount of the discount can only be applied to a purchase of an amount greater than or equal to that of the purchase for which the discount / promotional code was issued.

12.8 The Seller has the right to immediately invalidate a promotional code whose use is suspicious or illegal or contrary to the GTCS.

13. PRODUCT AVAILABILITY
The fulfilment of orders for products placed on the Website is subject to their availability.

14. VALIDITY OF OFFERS
The offers on the Website (in particular promotional offers) are only valid under the conditions set out on the Website.

15. SELLER'S LIABILITY
15.1 The Seller shall only be liable for damages sustained by the Consumer if they result from breaches by the Seller of the GTCS in relation to the Consumer.

15.2 In any event, the Seller's liability shall be limited to direct, personal and certain damages caused to the Consumer.

15.3 The Seller shall not be held liable:
- if the non-compliance or poor compliance with the GTCS by the Seller is caused by the Consumer, by the act of a third party or by a case of force majeure as defined in Article 1218 of the Civil Code;
- for damage sustained as a result of incorrect use of our products and/or the Website.

16. APPLICABLE LAW
The GTCS and the sales contract signed by the Seller and the Consumer are governed by French law.

17. PERSONAL DATA
The rules on the protection of privacy and the collection and processing of the personal data of Consumers and Website users are specified in the “Privacy Policy” tab on the Website. This section provides information on the various measures implemented by the Seller to ensure the protection of their personal data.

18. WEBSITE CONTENT
Although the Seller takes great care with the content of its Website, the information, texts, documents, graphics, films, music and/or other services may contain errors or be incomplete or incorrect. The Seller shall not be liable for any damage resulting from the use of (or failure to use) the Website, including damage caused by a virus or any inaccurate or faulty information, unless such damage results from a wrongful act or negligence on the part of the Seller.

19. INTELLECTUAL PROPERTY
19.1 Website Ownership
The entire Website, with the exception of certain links to companies or organisations with which the Seller cooperates, is the property of the Seller. Any publication, copy or partial or total backup without the Seller’s prior written authorisation is strictly forbidden.

19.2 Hyperlinks
Only hyperlinks that have been given prior written authorisation by the Seller may be shown on a site other than the Website. In the absence of this authorisation, these hyperlinks must be removed on first demand from the Seller.

19.3 Copyright
The texts, comments and images on the Website are protected by copyright. Any partial or total reproduction without the prior written authorisation of the owner is strictly forbidden.

19.4 Trademark law
The trademarks and distinctive signs shown on the Website are protected by trademark rights. Any partial or total reproduction without the prior written authorisation of the owner is strictly forbidden.

20. GIFT CARD TERMS AND CONDITIONS
A Gift Card may not be converted into cash or refunded in any way, even if a product paid for with a Gift Card is returned. In this case, the Seller shall give the Consumer a Gift Card for the same amount as the price of the returned product.

A Gift Card may be used for purchases of a value higher or lower than the balance on the Gift Card. If the value of your purchase is greater than the Gift Card, you will be asked to pay the remaining amount. If the value of your purchase is lower than the Gift Card, your Gift Card code will retain the excess balance. Your Gift Card may be used for as long as it has a balance.

For orders of two or more items, the Gift Card is applied proportionally to each item in the order.

You may use more than one Gift Card for the same order.

You can check your Gift Card balance at any time by logging in to your Customer Area, selecting the “Profile” tab and then the “E-Gift Balance” option.
A Gift Card may not be purchased through a promotional, discount or special offer campaign.

Gift Cards may be used for any item and can be combined with promotional, discount or special offer campaigns and are valid in Salsa shops in France and on the Website.

21. TAX REFUND
The issuance of a tax refund is possible for a minimum amount of 50 euros (excluding VAT). The Consumer has two (2) months to file their request after the date of purchase. The billing address for the order must always be the delivery address for the order.

To receive the tax refund document, please follow the steps below:
a. download the invoice for your order
b. go to the customs office with the invoice and fill in the tax refund form
c. both documents must be stamped and validated by the customs office
d. send the following documents to the registered office of Salsa France, SARL (Salsa France, SARL, 20, Ter rue Schnapper, 78100 Saint Germain en Laye, France) (the Consumer must have evidence of submission of the documents):
i. Stamped invoice
ii. Stamped tax refund form
iii. Copy of passport
iv. Bank account number to which the refund should be made

22. DISPUTES AND LITIGATION
22.1 Consumer Arbitrator
The Consumer reserves the right to pursue, accept or refuse arbitration. If arbitration has been pursued, the Consumer and the Seller reserve the right to accept or refuse the solution proposed by the arbitrator. In accordance with the provisions of the Consumer Code, the Seller is a member of FEVAD (Federation of e-commerce and distance selling), whose address is as follows: 60 Rue La Boétie, 75008 Paris. The website can be accessed at the following link: http://www.mediateurfevad.fr A dispute can only be examined by the arbitrator if the Consumer provides evidence that they have previously sent a written complaint to the Seller. The conditions for referral to the arbitrator are specified here.

22.2 22.2 Online Dispute Resolution Platform
Pursuant to Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an online dispute resolution platform, facilitating independent out-of-court settlement of disputes between consumers and traders in the European Union. The dispute resolution platform can be found at the following link: https://webgate.ec.europa.eu/odr

22.3 Competent Courts
If the dispute persists after a complaint to the Seller and arbitration between the Seller and the Consumer, it may be brought before the French courts.

23. LEGAL INFORMATION
The Website is published by Salsa France, SARL, a Portuguese company with share capital of EUR 4,250,000.00, registered in the Companies Registration Office under number 501 997 784. Its registered office is located at A20, Ter rue Schnapper, 78100 Saint Germain en Laye, France.

Telephone: +351 252 450 100 E-mail address: customer.care@salsajeans.com.

Intracommunity VAT number: FR 78 499060366

The editorial director is João Nuno Torrinha Martins da Silva, manager of Irmãos Vila Nova S.A.

The Website is hosted by NOS Comunicações, S.A., whose registered office is at Rua Actor António Silva, no. 9, Campo Grande 1600-404 Lisbon, Portugal. Telephone: +351 210 114 600.

ANNEX 1: LEGAL FRAMEWORK ON GUARANTEES

Legal Guarantee of Conformity

Article L217-3 of the Consumer Code:
“The seller shall deliver goods in accordance with the contract and the criteria set out in Article L. 217-5.
They shall be liable for any lack of conformity at the time of delivery of the goods, as defined in Article L. 216-1, which becomes apparent within a period of two years of the date of delivery.”

Article L217-4 of the Consumer Code:
“The goods are in compliance with the contract if they meet, in particular and where applicable, the following criteria:
1. They correspond to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2. They are fit for any special purpose intended by the consumer and which was made known to and accepted by the seller no later than at the time of the conclusion of the contract;
3. They are delivered with all the accessories and installation instructions to be provided in accordance with the contract;
4. They are updated in accordance with the contract. “

Legal guarantee against hidden defects

Article 1641 of the Civil Code:
“The seller is bound by the guarantee against hidden defects in the product sold that make it unfit for its intended purpose, or which so impair this purpose that the buyer would not have acquired it or would have demanded a lower price had they known about these. “

Article 1648 of the Civil Code:
“Any proceedings arising from critical defects must be lodged by the buyer within two years of discovery of the defect.

In the case provided for in Article 1642-1, the proceedings must be lodged, on pain of lapse of rights, within one year of the date on which the seller may be discharged of its obligations for the apparent defects or lack of conformity.“