GENERAL TERMS AND CONDITIONS


Last update: 14-11-2022


Preamble

The site www.babolat.com (hereinafter referred to as the "Site") is published by the company BABOLAT VS, SAS, tel. +33 (0)4 78 69 78 69, fax + 33 (0)4 78 69 78 79 registered in the Lyon Trade and Companies Register under no. 552 131 401 B with a share capital of €1,275,000, VAT Number : FR02552131401, whose registered headquarters is located at 33 Quai Paul Sédallian, 69009 LYON, France (hereinafter referred to as "BABOLAT"). BABOLAT is the seller and guarantor of the Products sold via the Site.

Any natural person of legal age, acting for purposes that do not fall within the scope of their trade, business, craft or profession accessing the Site is considered a user (hereinafter referred to as the "User(s)"). BABOLAT shall have no liability in the event of a minor accessing the Site.

BABOLAT creates, produces and markets tennis, badminton and padel articles for men, women and children and provides related services (hereinafter referred to as the "Product(s)"), in particular on the Site.

The User may contact BABOLAT by e-mail at help@babolat.com and for French speaking Users by telephone at +33 (0)4 78 69 78 69. BABOLAT recommends to non-French speaking Users to opt for an e-mail contact.



Article 1 - Application/opposability of the GTCs

These general terms and conditions (hereinafter referred to as the "GTCs") govern the entire relationship between BABOLAT and the Users of the Site to the exclusion of all other conditions.

The GTCs are deemed to be accepted without reservation by the User, once the User has expressly accepted them by ticking, after reading it, at the time of the creation of his account, the box that says "I accept the General Terms and Conditions of the Site " provided for this purpose.

BABOLAT reserves the right to modify the GTCs at any time. In Portugal, the User will then be informed by email sent 20 days before the news GTCs enter into force and will have to accept the GTCs again. Any contracts concluded before such modifications remain unaffected.

The fact of using the Site implies that Users adhere to the latest version of the GTCs by accepting them. The applicable GTCs are those available on the Site that can be printed by the User from the Site.

Depending on the territory where the User is located, the contract can be concluded in:
- French
- Italian,
- German,
- Spanish,
- Netherlands,
- Portuguese,
- Austrian,
- Japanese,
- English.



Article 2 - Description of the Site and Products

2.1. Site Description

The Site enables the User to access, namely to presentations of BABOLAT brand products and information relating to the following activities:
- Tennis
- Badminton
- Padel
- Men
- Women
- Juniors
The User acknowledges that all sections may be modified as the Site develops.

2.2. Description of the Products

BABOLAT displays the Products on its Site.

The Site mentions all of the Products’ essential characteristics which are communicated to the User before they make their purchase.

For all details concerning the Products’ characteristics, please refer to the pages displaying the Products on the Site.

BABOLAT reserves the right to make any changes it deems useful to the Products at any time with regard to the products offered for sale on the site before any order.



2.3 Stringing services for Babolat Products (available exclusively in France)
In a multi-channel approach, Babolat allows its Users to purchase a stringing service for Babolat Products according to the specifications provided during the purchase on the Site.

a) Functioning of the service
To benefit from this service, the User must cumulatively order the following Products:
- A racquet among the eligible racquets (identifiable in the product sheet by the "String my racquet" button) for the stringing service
- A string,
- and a stringing service.

The User must select their personalization choices on the Site when making their purchase. These elements will be communicated to the stringing service of the Babolat partner store. The User must select a Babolat partner store from a list of stringing experts who will perform the service.

Once the racquet is strung, the User will receive an e-mail notification inviting them to go to this store to pick up his/her order.

If the order includes Products other than those directly associated with the stringing service, the entire order will be delivered to the selected partner store.

b) The User has a 30 days period from the date of their e-mail notification of delivery of the Product(s) in the partner store to collect their order. In the absence of collection by the User of the product(s) within said time limit, the sale of all the Products included in the order will be considered as cancelled and refunded except for the stringing service.



Article 3 - Terms of access to the Site - Account creation

Access to the Site alone does not require the creation of an account.

Access to orders requires an account (hereinafter referred to as the "Account(s)").

To create an Account, the User must:
- Have a valid email address and provide BABOLAT with true and accurate information (gender, name, confirmation that you are over 16 years old, favourite sport),
- Choose a complex password consisting of at least 12 alphanumeric characters including at least one upper case letter, one lower case letter, one number, and one punctuation mark or special character.

Each User may only have one Account. If BABOLAT learns that the User has more than one Account, BABOLAT shall delete all of the User's Accounts under the conditions set out in Article 15 below.

The User is solely responsible for the activity of their Account. At no time may the User reveal the password of their Account to a third party, including a third party claiming to be the owner of the Site, and BABOLAT shall never take the initiative, for any reason whatsoever, of contacting the User to ask them for their password. If the User reveals their password to a third party, whether another User or any other person, BABOLAT shall delete the User's Account under the conditions set out in Article 15 below.

If the User forgets their password, they can request a new one by clicking on the "forgotten password" link. After having followed all the instructions provided by BABOLAT to obtain a new password, the User shall receive a new password which shall be sent to the email address they provided when creating their Account, which they may subsequently change on the Site.

If the User already has an Account with BABOLAT, they must identify themselves in the section of the Site reserved for this purpose by indicating the email address that they have previously communicated to BABOLAT and the password chosen.



Article 4 - Rules of conduct on the Site

The User shall refrain from any behaviour which could damage the image of BABOLAT or that of one or more other Users.

Any content posted by the User on the Site shall be binding on them under their own name and shall not be binding on BABOLAT in any capacity whatsoever.

More specifically, the User agrees not to:
- Use a username or avatar that is vulgar, aggressive, abusive, defamatory, libellous or indecent;
- Attempt to obtain from another User information relating to the other User’s Account, such as their login details and/or password, or information relating to their personal life;
- Publish on the Site any content that is abusive, hateful, racist, discriminatory, disparaging, obscene, vulgar, defamatory or libellous, in breach of a legal, regulatory or contractual provision or that encourages misconduct in the eyes of the law;
- Publish on the Site any content that infringes the rights of third parties;
- Publish on the Site content that is not related to the Site’s purpose, and in particular promotional content, advertising, or to carry out any commercial solicitation.

More generally, the User agrees not to:
- Impersonate a third party, another User or pretend to be an employee or representative of BABOLAT;
- Carry out any activity that is contrary to public order and good conduct, or any activity that is illegal and/or not in compliance with regulations (especially for regulated activities);
- Resort to hacking, spamming, phishing, flooding or any other malicious interference against BABOLAT and other Users.

BABOLAT reserves the right to suspend and/or delete any Account that infringes this Article under the conditions set out in Article 15 below.



Article 5 - Reporting illegal activities and content

If a User notices that another User is infringing any of the rules of conduct referred to in Article 4 above and, more generally, if a User is aware of any illegal activity or content, the User shall immediately inform BABOLAT by using the "contact us" function, then the "report illegal content or activity” function, as they appear on the Site.

The User shall therefore provide BABOLAT with all the necessary information, in particular:

- the date of notification;

- in the case of a natural person, their name, profession, address, nationality, date and place of birth; in the case of a legal entity, its corporate form, company name, registered office and the natural person legally representing it;

- the description of the disputed events and its precise location on the Site;

- and if it is about illegal content:

- the reasons why the content should be removed, including reference to the applicable legal provisions and justification of the facts ;

- a copy of the communication addressed to the author or publisher of the disputed content to request its discontinuation, withdrawal or modification or the justification that the author or publisher could not be contacted.

In the event that the content is illegal and as soon as the truthfulness of these elements can be verified, BABOLAT shall withdraw the disputed content or remove access to it.

It is expressly specified that if a User presents content to BABOLAT as being illegal, even though they know that this information is inaccurate, it may incur the User’s criminal liability.

BABOLAT reserves the right to delete any content appearing on the Site which would undermine the GTCs and/or to suspend or delete the Account of the User involved under the conditions set out in Article 15 below.

Likewise, in the event of illegal activity, BABOLAT reserves the right to suspend or delete the Account of the User involved under the conditions set out in Article 15 below.



Article 6 - Ordering Products

6.1. Product Selection and Availability

The User makes the purchase of a Product from the Products presented on the Site.

BABOLAT presents each Product in a "product sheet", which includes all the essential characteristics.

Photographs of the Products are published for information purposes only and are not contractual. For all details concerning the Product’s characteristics, please refer to the "product sheet". BABOLAT reserves the right to make any modification it deems useful to its Products at any time; however, this does not create any right or obligation to modify Products previously delivered or ordered. BABOLAT reserves the right to modify the models presented on the Site as well as its brochures or catalogues with effect to the future without prior notice.

It is up to the User to select the available Product they wish to purchase in accordance with the information that appears on the Site.

BABOLAT reserves the right to modify the prices shown at any time without notice. The price applicable to the Product ordered corresponds to the price displayed on the Site during the final confirmation of the order by the User.

The availability of the Products is indicated in real time. It will be confirmed or invalidated at the time of the final confirmation of the Order.



6.2. Consulting your basket

Once the Products have been selected, the User will be able to check the contents of their order as well as the total price by clicking on the basket icon. The basket also allows you to view the list of Products, prices and delivery terms. The order can be modified at any time before the final confirmation. The order will be definitively registered after all the information has been collected and the online payment has been successfully made.



6.3. Confirmation of orders

BABOLAT offers Products for sale.

The User confirms their purchase by clicking on the button that says, "Order and pay - I have read and accept the General Terms and Conditions (GTCs) and Privacy Policy".

Prior to finalise the purchase, the User can identify and correct any input errors. The User finalises their purchase, by proceeding to the payment step. Any confirmed order implies acceptance of the price corresponding to the Product(s) purchased. The order will only be final once the corresponding price has been paid. The User guarantees that they are fully entitled to use the means of payment they use. The sale will be then considered as accepted by BABOLAT.

The User has the opportunity to view their order by clicking on the link "My account" or to print their order from the confirmation email received within 24 hours from the reception of the User’s acceptance of the offer.

These GTCs are available to the User in/by www.babolat.com in a format suitable to be stored or reproduced.

Once the order and payment have been made, the User receives an acknowledgement of receipt of the order sent to the email address they have provided (confirmation of the order). This acknowledgement of receipt lists the amounts invoiced, means of payment, the right of withdrawal, the quantities and the description of the products purchased and the summery of the general and particular conditions applicable to the contract. All of the above-mentioned documents will be printable and constitute the contract in a durable format. The User accepts that the computer records of the order are proof of said order and its date.

In Portugal, after receiving the abovementioned e-mail the User shall confirm the order by pressing the link contained in the e-mail.



6.4. Modification or cancellation of the order

Any abnormal order or one placed in bad faith, any fraud or attempted fraud, any incident concerning payment of the price may result in the deletion and/or deactivation of the User account involved and/or refusal of the order. In addition, BABOLAT may be required to notify the relevant authorities with regard to money laundering and/or corruption.



Article 7 - Prices

The prices of the Products are shown in the national currency of the country from which the User accesses the site. All Taxes are included (including VAT), except for any involved in processing and shipping costs. The amount of the delivery costs is calculated automatically according to each order; it appears on the summary of the User's order, before final registration. Thus, at the time of purchase of the Product, the User knows the full price exactly. In addition, once the order has been confirmed, the price is confirmed in the confirmation e-mail sent to the User.

The prices indicated on the Site, which correspond to the recommended retail price given by Babolat, are only binding for purchases made on the Site.

The Products will be invoiced on the basis of the price in force at the time that the Product was purchased.

BABOLAT's distributors retain complete freedom to set their own prices when selling Products.



Article 8 - Payment

Payment for the Products is made online on the Site, by credit card (Visa®, MasterCard, American Express® or by PayPal®). The User’s card or Paypal account will be debited when the package is shipped. The Site is subject to a security system: the SSL encryption process, reinforced by a set of scrambling and encryption to protect all sensitive data related to payment methods as effectively as possible. The "Secure Payment" page details the security elements of the transactions carried out on the Site. In order to ensure the security of online payments, the Site uses the Adyen secure payment service. Confidential data is transmitted directly to the Adyen® server without passing through the physical supports of the Site's servers.

BABOLAT does not grant any credit or accept payment in instalments.



Article 9 - Delivery

9.1 When registering their order, the User chooses the place to which they wish to have the ordered Products delivered. Delivery is made to the address indicated by the User when placing the order.

The delivery costs vary according to the place of delivery and are shown in the table below:

Delivery pices

Delivery means the transfer of physical possession or control of the Product to the User. If the delivery is not made to a relay point and that the User is unable to receive the delivery during the delivery driver’s first visit, they shall undertake to collect the Products from the place where they are kept, within a maximum period of 15 days from the first visit. After this period, BABOLAT may consider the User to have definitively renounced the order. The User will be refunded the amount of the price, less delivery costs if applicable (except in Netherlands where the delivery costs are reimbursed). If the User has opted for a more expensive shipping method (e.g. express shipping), BABOLAT is not obliged to refund the additional cost for the more expensive shipping method.

9.2 In the absence of any precise indication in the Product sheet, BABOLAT shall endeavour to deliver the Products no later than 15 days from the date of the order, unless a different deadline is indicated by BABOLAT in the order. In the event of BABOLAT failing to fulfil its obligation to deliver the Product within the period indicated or, failing this, no later than 15 days after the conclusion of the contract, the User may cancel the order, by email, if, after having instructed BABOLAT to make the delivery within a reasonable additional period on the same terms, BABOLAT has not made the delivery within this period. The contract shall be deemed to be cancelled when BABOLAT receives the email or a written note informing it of this cancellation, unless BABOLAT has made the delivery in the meantime. The costs of preparation and delivery of the order are communicated in the order summary before confirmation so that the User can fully understand the price they will have to pay. No delivery charges will be applied in the case of an order amount greater than seventy-five (75) euros (including tax) for standard home delivery or access point delivery.

9.3 BABOLAT does not deliver to the following overseas departments/territories and geographical areas: i) in France: all non-metropolitan territories; ii) in Spain: the Canary Islands, Ceuta and Melilla; iii) in Italy: San Marino, Vatican, Sicily, Sardinia and all other islands; iv) in Portugal: Azores, Madeira; v) in Germany: Heligoland and Büsingen; (v) for the United Kingdom: does not deliver to : Northern Ireland, Jersey, Guernesey.



Article 10 - Transfer of risk and title

Any risk of loss of or damage to the Products shall pass to the User at the time when the User or a third party designated by the User, other than the carrier proposed by BABOLAT, takes physical possession of the Products ordered. The User is requested to refuse delivery if the goods are damaged, missing or if the package has been opened or repackaged. If the delivery is made by carrier to an address designated by the user that is not that of a relay point, in the event of loss or damage, the User is requested to express precise and detailed written reservations on the carrier's delivery note in the presence of the carrier or its employees; the User is requested then to send the carrier a registered letter containing the reservations within 3 days of delivery. The User shall also inform BABOLAT thereof.

The User owns the Product once BABOLAT has received payment in full.



Article 11 - Right of withdrawal and reimbursement in the event of withdrawal

The User has a period of fourteen (14) days after delivery of the goods to withdraw the order, without having to justify their decision or to bear any costs other than those related to the return of the Products according to the delivery method they have chosen. The fourteen (14) day period starts from the receipt of the Products by the User or, as the case may be, by any third party designated by them (other than the carrier). For the purposes of calculation of the fourteen (14) day period, the day of receipt of the Products is not taken into account. This period shall end on the last hour of the last day. If the period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended up to and including the first following working day.

Moreover, in Portugal :
- in the case of multiple goods ordered by the User in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good;
- in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece;
- in the case of contracts for regular delivery of goods during defined period of time, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the first good;

In all countries, withdrawal may be made by using the withdrawal form in Appendix 1 or by any other means that enables the User's wish to withdraw to be unequivocally expressed.

The request must be sent by e-mail to help@babolat.com or by letter to the following address: BABOLAT VS SAS, Service E-commerce, 33 Quai Paul Sédallian, 69009 Lyon, FRANCE

The articles are to be returned to the following address: Service retour B2C Babolat VS, centre des opérations Lyon Corbas, 1 avenue du 24 Aout 1944, 69960 Corbas, FRANCE

The burden of proof for exercising the right of withdrawal lies with the User. In the event of withdrawal, the Products must be returned to BABOLAT by the User no later than fourteen (14) days following notification of their decision to withdraw. The deadline is met if the User dispatches the Products before the end of the 14-days period. The User bears the direct costs of returning the Product unless if they use the prepaid return label as described here below.

If the right of withdrawal is exercised, BABOLAT shall reimburse the User for all sums paid, including delivery costs, except the cost of returning the Product, without undue delay, however at the latest within fourteen days from the date of receipt of the notification of withdrawal at BABOLAT. BABOLAT shall make this refund directly by crediting the amount of the sale to the payment method used by the User, unless the User expressly agrees to use another payment method. BABOLAT is entitled to retain reimbursement until the date on which the Products are recovered or the date on which the User provides proof of the dispatch of these Products, whichever is earlier.

The User shall only be liable for any loss of value of the Products if this loss of value is due to an extent of usage that is not necessary for testing the nature, properties and functioning of the Products.

The right of withdrawal may not be exercised for:
- products made according to the User's specifications or those which are clearly personalised, namely as part of the stringing services for BABOLAT Products as stated in article 2.3 of the GTCs;
- products which, due to the User, are altered, stained, worn, damaged, scratched or show visible traces of use or, more generally, are no longer likely to be presented as new products (not applicable to the deliveries in Germany, Austria and the Netherlands) ;
- products which have been unsealed by the User after delivery and which cannot be returned for reasons of hygiene or health protection;
- Any wear suffered by the Products subsequent to their receipt by the User and/or on their return to BABOLAT may prevent the right of withdrawal from being exercised (not applicable for German Users). In Netherlands, any wear suffered by the Products subsequent to their receipt by the User and/or on their return to BABOLAT allows BABOLAT to charge the depreciation of the purchased product to the User.

In case of withdrawal, the return of the Products is made at the choice of the User:
- By going to the “My Account” section of the Site, within the “My Orders” section, and following the below steps:
• click on the "Return a Product" link, visible in the order to be returned;
• Select the quantity and the Product(s) which the User wishes to return and specify the reason for return;

• Click on “confirm the return”;
• The User will receive a link by e-mail allowing them to download a prepaid return label which they shall stick on the parcel containing the Product(s) to be returned;
• the User may then drop the parcel containing the Product(s) to be returned to the UPS drop-off point of their choice;
Subject that the User complies with the above return process and uses the prepaid return label provided by BABOLAT the costs of return will be borne by BABOLAT.

- or by post, at the exclusive cost of the User:
• by attaching the withdrawal form template (Appendix 1), duly completed with the necessary information, to the parcel containing the Product(s) to be returned and sending it to the following address:
Service retour B2C Babolat, centre des opérations Lyon Corbas, 1 avenue du 24 Aout 1944, 69960 Corbas.
If the User does not use the prepaid return label and send the Product(s) by themselves BABOLAT may not be held liable in the event of loss, shipment to a wrong address or late delivery of the Product(s) returned. The costs and risks of the shipment method chosen by the User are borne and assumed entirely by the User.



Article 12 – Warranty - Guarantees - Liability

According to local legal provision, the User benefits from:
- the after sales service available at help@babolat.com;
- the legal guarantee of compliance (goods unsuitable for the use usually expected of similar goods, which do not correspond to the description given by the Seller or which do not possess the qualities announced by the Seller or agreed with the User), the legal provisions of which are reproduced in Appendix 2;
- the legal guarantee against hidden defects (hidden defects in the item sold which render it unfit for the use for which it is intended, or which diminish this use so much that the User would not have acquired it, or would only have paid a lower price for it, if they had known about them), the legal provisions of which are reproduced in the Appendix to these GTCs.

The User is protected in this respect by the legal provisions listed in Appendix 2.



12.1 - Legal guarantee of conformity

Under the legal guarantee of conformity, BABOLAT shall be liable to the User for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within:
• two (2) years from the Product’s delivery in France, Germany, Austria, Belgium, Italy and Japan, it being specified that in France, any Product repaired under the legal guarantee of conformity is covered by an warranty extension of six (6) months;
• three (3) years from the Product’s delivery in Spain and Portugal. When requesting the application of a legal guarantee of conformity and as detailed in the Appendix, the User:
• has two (2) years from the delivery of the Product to act against the seller, BABOLAT, in Germany, Austria (2 years and 3 months), Italy (2 years and 2 months) and in Japan;
• in France and Spain, has five (5) years from the date on which they noticed the lack of conformity to act against BABOLAT;
• in Belgium, has one (1) year from the date on which they noticed the lack of conformity to act against BABOLAT;
• in the Netherland, has a reasonable period of time from the discovery of the defect to act in accordance with national law;
• may choose between repairing or replacing the goods without expenses, subject to the cost conditions as provided for by local legislations or regulations in the relevant countries;
• alternatively, may choose to have an appropriate reduction of the price or to terminate the contract subject to the cost conditions set by local regulatory or legislative provisions;
• in Netherlands, may choose between the delivery of the missing products, repair or replacement of the goods, subject to the cost conditions provided for in Dutch legislation;
• shall be exempt from furnishing proof of the existence of the goods’ lack of conformity during the twenty-four (24) months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted by BABOLAT.

The User may decide to implement the guarantee against hidden defects for the item sold under Article 1641 of the French Civil Code/article 1490 of the Italian Civil Code/article 1484 of the Spanish Civil Code and other applicable texts. In this instance, the User can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code/article 1493 of the Italian Civil Code/article 1486 of the Spanish Civil Code/article 1649 quinquies of the Belgium Civil Code and others applicable texts.

Within the framework of the legal guarantee of conformity, if the Product ordered by the User has a lack of conformity present at the time of delivery, BABOLAT undertakes to:
• either bringing the Product into conformity within a reasonable period which may not exceed thirty (30) days by (i) repairing the Product or (ii) replacing the Product with an identical product according to the available stock or exchange the Product for a product of equivalent quality and price according to the available stock,
• or, as provided for by applicable laws, grant a reduction of the Product’s price, proportional to the difference between the value of the Product delivered and the value of the Product in the absence of any defect;
• or, as provided for by applicable laws in the relevant countries, reimburse the price of the Product ordered within fourteen (14) days following the User's request if replacing it with an identical or equivalent product proves impossible.

(See legal texts reproduced in Appendix 2 to 4 when it is mandatory)



12.2 Hidden defect guarantee

If applicable regarding the local law, in the event of hidden defects in the item sold, the User may return the Product and have the price refunded or keep it and have part of the price refunded (See legal texts reproduced in Appendix 2 when it is mandatory).

If the User has their habitual residence outside of France, the aforementioned guarantee provisions shall not have the result of depriving any User of any statutory warranty claims applicable in the state of their habitual residence that cannot, according to local laws, be derogated from by agreement.

These provisions are not exclusive of the right of withdrawal defined in Article 11 above.



12.3. Legal guarantee in the United Kingdom

BABOLAT is responsible to the User for foreseeable loss and damage caused by BABOLAT. If BABOLAT fails to comply with these terms, BABOLAT is responsible for loss or damage the User suffers that is a foreseeable result of BABOLAT breaching this contract or BABOLAT failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both BABOLAT and the User knew it might happen, for example, if the User discussed it with BABOLAT during the sales process.

BABOLAT does not exclude or limit in any way BABOLAT’s liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by BABOLAT’s negligence or the negligence of BABOLAT’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the User’s legal rights in relation to the products including the right to receive products which are: as described and match information BABOLAT provided to the User and any sample or model seen or examined by the User; of satisfactory quality; fit for any particular purpose made known to BABOLAT; supplied with reasonable skill and care and, where installed by BABOLAT, correctly installed; and for defective products under the Consumer Protection Act 1987



BABOLAT is under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.



Summary of the User’s key legal rights

This is a summary of the User’s key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle the User to the following:

a) Up to 30 days: if the User’s goods are faulty, then the User can get an immediate refund.

b) Up to six months: if the User’s goods can't be repaired or replaced, then the User is entitled to a full refund, in most cases.

c) Up to six years: if the User’s goods do not last a reasonable length of time the User may be entitled to some money back.

If the User wishes to exercise the User’s legal rights to reject products you must either return them in person to where you bought them, post them back to BABOLAT or (if they are not suitable for posting) allow BABOLAT to collect them from the User. BABOLAT will pay the costs of postage or collection. Please email us at help@babolat.com for a return label or to arrange collection.

These provisions are not exclusive of the right of withdrawal defined in Article 11 above.



Article 13 - Returns policy (excluding right of withdrawal or legal guarantee)

In the event that the Products are returned at the initiative of the User without the prior written consent of Babolat, and without the conditions described in article 11 (right of withdrawal) or article 12 (guarantees) being met, no refund of the Products can be given to the User. In this case, Babolat shall not incur any liability as the Products’ distributor and shall not be responsible for their conservation. The Products can then only be returned to the User at the User's advanced cost.

To request a return, the User shall:
- go to the "My Account" section of the Site, within the "My Orders" section, and following the below steps:
• click on the "Return a Product" link, visible in the order to be returned;
• select the quantity and the Product(s) which the User wishes to return and specify the reason for return;
• click on “confirm the return”;
• the User will receive a link by e-mail allowing them to download a prepaid return label which they shall stick on the parcel containing the Product(s) to be returned;
• the User may then drop the parcel containing the Product(s) to be returned to the UPS drop-off point of their choice;

Subject that the User complies with the above return process and uses the prepaid return label provided by BABOLAT the costs of return will be borne by BABOLAT.
If Babolat accepts the return of the Products, the Products may be sent to Babolat within a maximum period of thirty (30) days from the date of Babolat's agreement to the request for a return.

After this period, the Babolat agreement is automatically null and void.



Article 14 - Updating the Site

BABOLAT may consider it necessary to update or reset certain settings on the Site and in its elements.

BABOLAT therefore reserves the right to change the Site, in particular by making new features available or by modifying or removing certain features.

These updates, resets and changes may temporarily prevent the User from accessing the Site and/or may lead to a change in the architecture of the Site and its elements, which the User expressly acknowledges, and BABOLAT may not be held liable in this respect.



Article 15 - Suspension - deletion of Account

BABOLAT reserves the right to suspend or delete the Account of any User who does not comply with the GTCs or the applicable standards.

When an Account is suspended or deleted, the User shall be notified by an email sent to the email address which they will have previously communicated to BABOLAT when registering on the Site.

Furthermore, BABOLAT reserves the right to hand over any litigious content to the authorities upon request in the event of a breach of a formal provision. Litigious content is understood as content of a pornographic nature, selling arms or money laundering, without this list being exhaustive.

In addition, BABOLAT reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by the company as a result.



Article 16 - Personal data protection

16.1. The User’s personal data

BABOLAT’s Privacy Policy can be accessed here: Privacy Policy.

The personal data that BABOLAT receives from the User shall correspond to the information required to use the Site and place orders.

This personal data is subject to computer processing which enables BABOLAT to identify each User and to communicate with them, if necessary, for the proper functioning of the Site and in order to ensure proper management of the commercial relationship and orders.

Personal data will be kept for the duration that is strictly necessary for the management of the commercial relationship and, in any case, for a maximum period of three years from the last request that remained unanswered by the User except a legal obligation imposing a longer time of period.

Personal data is exclusively intended for BABOLAT and the partners identified for the completion of orders.

In accordance with the applicable regulations on the protection of personal data, the User may exercise a right of access, rectification, objection, portability, restriction an erasure of the personal data concerning them

To exercise this right, the User may contact either of the following addresses:
- By email at: privacy@babolat.com
- By letter to Babolat VS SAS, FAO NICOLAS GALLIBERT - PERSONAL DATA - 33 Quai Paul Sedaillan, 69009 Lyon, France

The User may also, if necessary, file a complaint with the Data competent data protection authority.

Users may find further information on BABOLAT’s processing of their personal data in the privacy policy Privacy Policy.



16.2. Cookies

When visiting the Site, cookies are stored on the User's terminal (computer, tablet or mobile), with the User's prior agreement, in order to make their browsing user-friendly and attractive.

The User's consent is formalised when they accept the cookie banner on the home page and is valid for a maximum period of 13 months from their acceptance of the insertion of the corresponding cookies except functional / technical cookies that will only be kept for the time strictly necessary for the proper functioning of the Site.

The user can decide to block certain types of cookies (see "How do I set these cookies?”).

However, if the User makes this choice, BABOLAT cannot guarantee optimal browsing and certain services on the Site may also be blocked.



a. What is a cookie?

A cookie is a text file that records information on the User's terminal (computer, tablet or mobile) concerning their browsing experience on a website (date and time of page loading; browser used and language; pages viewed, frequency and duration of visits to the site, number of visits, sources of the visit, location).



b. What are cookies for?

When the User connects to the Site, BABOLAT or third party companies whose services BABOLAT uses (technical or advertising partners) may install various cookies on the User's terminal (computer, tablet or mobile) in order to send the User content and services adapted to their interests.

Cookies do not present a risk to the User’s terminal since no virus or malware are deposited by them.



c. What are the types of cookies?

The types of cookies used by BABOLAT are:
- Technical cookies which are strictly necessary for the proper functioning of the Site:
- They are essential for browsing the Site and using the basic functions requested (language cookies, identification cookies, etc.).
- If the User were to block these cookies when configuring their browser, BABOLAT would no longer be able to ensure the proper functioning of the Site.
- Functional cookies to improve the User's experience: their purpose is, for example, to memorise the User’s choices on the Site.
- Cookies for audience measurement allow statistics and the volumes of visits and use of the various elements making up the Site to be established.
- Advertising cookies help to customise advertising content according to the User's interests.
- Social cookies are plugins that make it possible to share content related to the Site on social networks or to share information related to the browsing or the User's interests regarding the Site on these social networks.

Social cookies are used for the "share" or "like" buttons on the Site and from the social networks Facebook and Twitter. If the User has an account on these social networks and clicks on one of these buttons, the social network concerned will make the link between their profile and the Site visit.

BABOLAT therefore invites the User to consult the personal data protection policies set up by these social networks especially in order to be aware of the purposes for which the User's data is used and the rights that they have regarding such processing.

Names of cookies used on the Site:


The cookies used by BABOLAT do not collect personal data.



d. How do I manage these cookies?

The User has the possibility of blocking the use of cookies or of receiving a notification before the installation of a new cookie by modifying their Internet browser settings.

If you are using Google Chrome you should follow the instructions as follows:
- Select the Settings menu, then Advanced Settings
- In the "Privacy and Security" section, click on Site Settings
- Locate the Cookie menu and select the appropriate options.

If you are using Mozilla Firefox you have to follow the instructions as follows:
- Select the Tool menu then Options
- Click on the Privacy icon
- Locate the Cookie menu and select the appropriate options

If you are using Internet Explorer you must follow the instructions as follows:
- Select the Tools menu then Internet Options
- Click on the Privacy tab
- Select the desired level with the cursor

If you are using Safari you must follow the instructions as follows:
- Choose Settings menu > Safari,
- Enable the option Block all cookies or content blocker

If you are using Opera you must follow the instructions as follows:
- Choose the menu File > Preferences
- Privacy.

You can also modify the settings of your cookies via the link on the cookie banner that appears on the site or via the following :

The legal basis for processing cookies (excluding technical cookies) is your consent, which you can withdraw at any time by sending an email to privacy@babolat.com.

Without the use of cookies, certain functions of our Site cannot be offered. For these, it is also necessary for the browser to be re-identified after a page change.



Article 17 - Intellectual property

The Site as well as each of the elements it is composed of, including in particular the graphic charter, data, software, texts and logos of the Site, are protected by intellectual property law, in particular copyright and/or trademark law.

The Site and each of the elements it is composed of are the exclusive property of BABOLAT and/or it has the authorisation to use them.

Team babolat pro players may play with a customized or different model than the equipment depicted.

BABOLAT grants the User a right to private and non-exclusive use of the Site, in accordance with the provisions of the GTCs.

Any other use of the Site or of any of its elements shall constitute an infringement of rights and shall be punished as such under the Intellectual Property Code, unless BABOLAT has given its prior, written and express authorisation and unless legal exceptions apply.

The User therefore acknowledges that, in the absence of BABOLAT’s prior, express and written authorisation, any total or partial copy and any distribution or exploitation of one or more of the elements referred to above, even if modified, may give rise to legal proceedings against the User.

In general, the User undertakes not to damage the Site and the Products in any way whatsoever, nor to make improper use thereof which would directly or indirectly discredit or devalue BABOLAT and/or its image.



Article 18 - Complaints

For any complaints or questions, the User can or must contact the BABOLAT customer service department by e-mail at the following address: help@babolat.com or on the form provided for this purpose.



Article 19 - Liability

Apart from the specific cases addressed in this article, BABOLAT may only be held liable under the conditions of ordinary law.



19.1. Provision and operation of the Site

Subject to liability which may not be lawfully excluded, in terms of the provision of the Site, BABOLAT shall under no circumstances be liable for any loss, harm, direct or indirect damage of any nature whatsoever resulting from the management, use, operation, interruption or malfunction of the Site or the Internet network.

The User acknowledges that BABOLAT cannot under any circumstances guarantee that the Site will meet performance requirements or that it will operate without interruption or without bugs.

If BABOLAT becomes aware of the existence of a malfunction or bug in the Site or in one of its elements, or if it is informed of this by a User, then BABOLAT shall make its best efforts to correct these malfunctions or bugs.

In any event, BABOLAT may under no circumstances be held liable, except where is it unlawful to exclude such liability, for any direct or indirect damage resulting from the User's failure to comply with the GTCs, from a malfunction of the Site or its elements, from a modification or alteration of the Site by a User, or from any damage to the Site or its elements.

Different limitations and exclusions of liability will apply to liability arising from the supply of any products to the User, which are set out in Article 12.



19.2. Content posted on the Site

BABOLAT uses a third party service provider to collect Users’ opinions of the Products, which shall exercise moderation a priori on the opinions formulated before any publication on the Site.

In any event, BABOLAT may not be held responsible for the content posted by Users on the Site, such as photographs, hypertext links, comments, etc., the User being solely responsible for said content to the exclusion of any other person.



Article 20 - Force majeure – Excusing delay

a. In France/Italy/Germany/Spain/Netherlands/Austria/Belgium/Japan/Portugal

BABOLAT may not be held liable in the event of a case of force majeure occurring.

b. In the UK

If BABOLAT’S supply of the Products is delayed by an event outside BABOLAT’s control then BABOLAT will contact the User as soon as possible to let the User know and BABOLAT will take steps to minimise the effect of the delay. Provided BABOLAT complies with this process, BABOLAT will not be liable for delays caused by the event, but if there is a risk of substantial delay the User may contact BABOLAT to terminate the contract and receive a refund for any products the User has paid for but not received.



Article 21 - Disputes - Applicable law and jurisdiction

The GTCs and the entire relationship between BABOLAT and the User shall be governed by the applicable law.

Claims and legal proceedings directly or indirectly resulting from or relating to the Babolat Web Site shall be solved exclusively in the Court of the place where the User is resident or domiciled.

The GTC’s application shall not deprive the User of any statutory warranty or agreement claims applicable in the state of their habitual residence that cannot be derogated from by agreement by virtue of law.

Should any of the clauses or stipulations of the GTCs be invalidated or declared illegal by a final court decision, such invalidity or illegality shall in no way affect the other clauses and stipulations, which shall continue to apply.

The fact that BABOLAT does not avail itself at a given time of one of the clauses of the GTCs shall not be interpreted as a waiver of the right to avail itself of it at a later date.

In the event of a dispute relating to the GTCs or the orders resulting therefrom, the dispute may be submitted to a mediator. However, BABOLAT and the User shall remain free to accept or refuse recourse to consumer mediation.

In France, if mediation is to take place, a mediator established by FEVAD will be proposed, as described at the address below http://www.fevad.com/mediation.

The solution proposed by the mediator shall not be binding on BABOLAT and the User. However, before resorting to mediation, the Customer must first make a complaint to the BABOLAT company's customer service department at the following address: Babolat VS SAS, E-commerce Customer Service, 33 Quai Paul Sédaillan, 69009 Lyon France, or by e-mail at the following address: help@babolat.com

Failing amicable settlement of the dispute, BABOLAT or the User may bring the matter before the competent courts.

Other types of ADR are also admissible.

BABOLAT is not obliged to participate in other alternative dispute resolution proceedings at a conciliation body for consumers and will therefore not participate in such proceedings.

Furthermore, the User should be informed that the European Commission provides a platform for extra-juridical online dispute resolution via the link http://ec.europa.eu/consumers/odr/ pursuant to art. 14 (1) of the EU regulation No. 524/2013.



APPENDIX 1 - CANCELLATION FORM TEMPLATE

(please complete and return this form only if you wish to withdraw from the order that has been confirmed and paid for)
The request must be sent by e-mail to help@babolat.com or by post to the following address: 33 Quai Paul Sédallian, 69009 LYON, France
I/We (1) hereby notify you (1) of my/our (1) withdrawal from the contract for the sale of the goods below:
Ordered on (1)/received on (1)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if this form is sent in its paper form)
Date
(1) Delete as appropriate.
Items are to be returned to the address below:
Service retour B2C Babolat VS, Centre des opérations Lyon Corbas, 1 avenue du 24 Aout 1944, 69960 Corbas, FRANCE



APPENDIX 2 - EXCERPTS FROM THE FRENCH CIVIL CODE AND FRENCH CONSUMER CODE

Information box regarding the legal guarantees’ terms and conditions in accordance with article D211-2 of the French consumer code



“The consumer has two years from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a conformity defect. During this term, the consumer is only required to establish that a defect exists and does not have to prove when it appeared”.

“If the sales contract includes the continuous supply of digital content or digital service for two years or more, the legal guarantee applies to this digital content or digital service throughout the whole supply period. During this term, the consumer only has to prove the existence of a conformity defect in the digital content or digital service and not the apparition date of the defect.”

The legal guarantee of conformity includes the obligation for the professional, as the case may be, to provide all the updates required to maintain the conformity of the good.”

The legal guarantee of conformity grants to the consumer the right to repair or replacement of the good within thirty days from its request, free of charge and free of any major inconvenience for them.”

If the good is repaired in application of the legal guarantee of conformity, the consumer is granted a six-months extension of the initial guarantee duration.”

If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for two years starting from the good’s replacement date.”

The consumer can obtain a reduction of the purchase price if they decide to keep the good or they can obtain a full reimbursement if they decide to return the good, subject to the following conditions:
1. The professional refuses to repair or replace the good;
2. The repair or the replacement of the good happens after the thirty days period;
3. The repair or replacement of the good causes significant inconvenience to the consumer, namely if the consumer definitely bears the costs of return or collection of the non-compliant good, or if the consumer bears the installation costs of the repaired or replaced good.
4. The lack of conformity of the good remains despite the seller’s attempt to bring the good back into conformity;

The consumer is also entitled to a reduction of the good’s price or to the termination of the contract when the lack of conformity is of such a serious nature as to justify an immediate price reduction or sales contract termination. In such case the consumer is not obliged priorly request the repair or replacement of the good.

The consumer is not entitled to terminate the sales contract if the lack of conformity is only minor.

Any period when the good is out of use due to its repair or replacement suspends the guarantee period until the delivery of the repaired or replaced good.

The rights mentioned hereabove result from the application of articles L.217-1 to L.217-32 of the French consumer’s code.

The seller which, in bad faith, impedes the implementation of the legal guarantee of conformity faces a fine up to 300 000 euros, which may be increased up to 10% of the average annual turnover (article L. 241-5 French consumer’s code).

The consumers are also entitled to the guarantee against hidden defects in accordance with articles 1641 to 1649 of the French civil code, for two years from the identification of the defect. This guarantee entitles the consumer to a price reduction if they keep the good or a full reimbursement against the good’s return.


APPENDIX 3- EXCERPTS FROM THE SPANISH CODES

SPANISH CIVIL CODE

Article 1484

The seller is bound by the hidden defect guarantee for the item sold which render it unfit for its intended use, or which so diminish this use that the User would not have acquired it, or would have paid a lower price for it, if he had known about them, but it will not be responsible for the manifest or visible defects, nor for those that are not, if the buyer is an expert who, due to his trade or profession, should easily have known them.

Article 1485

The seller is liable for hidden defects, even if it would not have known about them, unless in this case it has stipulated that it will not be bound by any guarantee and ignored said hidden defects.

Article 1486

In the case of the two preceding articles, the buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded, in the opinion of experts.
If the seller knew of the hidden defects and did not reveal them to the buyer, the latter has the same choice and, in addition, shall be compensated for damages if he opts for the cancellation of the contract.

Article 1487

If the thing sold is lost due to the hidden defects, the seller knowing them, he shall suffer the loss and reimburse the price and pay the costs of the agreement, plus damages. If the seller was unaware of the defects of the item, it will only be bound to return the price and reimburse the buyer for the costs incurred by the sale.

Article 1490

The action resulting from the provisions of the five preceding articles must be brought by the purchaser within six months of the delivery of the thing sold.



SPANISH GENERAL ACT FOR THE DEFENSE OF CONSUMERS AND USERS

Article 115

Goods, digital content or services which the trader delivers or provides to the consumer or user shall be deemed to be in conformity with the contract where they meet the applicable subjective and objective requirements, provided, where applicable, that they have been properly installed or integrated, all without prejudice to the rights of third parties referred to in the second paragraph of Article 117.

Article 115 bis: Subjective requirements of conformity
In order to comply with the contract, the goods and digital content or services must meet, in particular and where applicable, the following requirements:
(a) conform to the description, type of goods, quantity and quality and possess the functionality, compatibility, interoperability and other characteristics provided for in the contract.
(b) be fit for the specific purpose for which the consumer or user needs them and which the consumer or user has made known to the trader at the latest at the time of the conclusion of the contract and for which the trader has expressed his acceptance
(c) delivered or provided with all accessories, instructions, including for installation or integration, and assistance to the consumer or user in the case of digital content, as provided for in the contract
(d) be provided with updates, in the case of goods, or be updated, in the case of digital content or services, as provided in the contract in both cases.

Article 115b: Objective compliance requirements
1. In addition to meeting any subjective compliance requirements, goods and digital content or services must meet all of the following requirements:
(a) be fit for the purpose for which the goods or digital content or services of the same type are normally intended, taking into account, where applicable, any existing standard, any existing technical standard or, in the absence of such a technical standard, any industry code of conduct.
(b) be fit for the purpose for which products of the same type are normally intended;
(c) be fit for any particular purpose sought by the user, brought to the attention of the seller at the time of purchase and accepted by the seller;
(d) be of the quantity and possess the qualities and other characteristics, in particular as regards the durability of the good, the accessibility and continuity of the digital content or service and the functionality, compatibility and safety, which are normally found in goods and digital content or services of the same type and which the consumer or user could legitimately expect in the light of the nature of the product, and having regard to any public statements made by or on behalf of the trader or other persons upstream in the chain of transactions, including the producer, in particular in advertisements or on labels The trader shall not be bound by such public statements if it demonstrates any of the following:
1°. That he was not aware, and could not reasonably be expected to be aware, of the statements in question
2.° that at the time of the conclusion of the contract, the said statements had been corrected in the same or similar manner as that in which it was made
3.° that the public statement was not likely to influence the decision to purchase the product, or the digital content or service.
(....)
5. There shall be no liability for lack of conformity within the meaning of paragraphs 1 or 2 where, at the time of conclusion of the contract, the consumer or user has been specifically informed that a particular characteristic of the goods or digital content or services deviates from the objective requirements of conformity set out in paragraphs 1 or 2 and the consumer or user has expressly and separately accepted that deviation.
6. (...).

Article 116: Incompatibility of actions
The exercise of the actions provided for in this Title is incompatible with the exercise of the actions derived from the remedies provided for in the Civil Code.
In any case, the user will be entitled to be compensated for the damages deriving from the lack of conformity in accordance with the civil and commercial legislation.
Article 119 Legal regime for price reduction and termination of contract
The consumer or user may request a proportional reduction in price or termination of the contract in any of the following cases:
(a) With regard to goods and digital content or services, where the remedy of bringing them into conformity is impossible or disproportionate within the meaning of Article 118(3).
(b) the trader has failed to repair or replace the goods or has failed to do so in accordance with Article 118(5) and (6) or has failed to do so within a reasonable period of time, provided that the consumer or user has requested a price reduction or the termination of the contract
(c) (...)
(d) The lack of conformity arises after the trader has attempted to bring the goods or digital content or services into conformity.
(e) the lack of conformity is so serious that it justifies an immediate reduction in price or termination of the contract
(f) the trader has stated, or it is clear from the circumstances, that it will not bring the goods or digital content or services into conformity within a reasonable time or without significant inconvenience to the consumer or user.

Article 119bis: Price reduction
1. The reduction of the price shall be proportionate to the difference between the value that the good or the digital content or the service would have had at the time of delivery or supply if it had been in conformity with the contract and the value that the good or the digital content or the service actually delivered or supplied has at the time of such delivery or supply.
2. (...).

Article 119ter: Termination of the contract
1. The consumer or user shall exercise the right to terminate the contract by making an express statement to the trader indicating his wish to terminate the contract.
2. Termination shall not apply where the lack of conformity is minor, except in cases where the consumer or user has provided personal data in return, the burden of proof being on the trader.
3. Where the lack of conformity concerns only some of the goods delivered under the same contract and there are grounds for terminating the contract, the consumer or user may terminate the contract only in respect of those goods and, in respect of the other goods, he may also terminate the contract if the consumer or user cannot reasonably be expected to agree to keep only the conforming goods.
4. The obligations of the parties in the event of termination of the contract for the sale of goods are as follows:
(a) The trader shall reimburse the consumer or user the price paid for the goods upon receipt of the goods or, where applicable, of proof provided by the consumer or user that he has returned the goods.
(b) The consumer or user shall return the goods to the trader at the latter's expense. 5. à 7. (...)

Article 119quater: Deadlines and procedures for reimbursement by the trader in the event of price reduction or termination of the contract
(1) Any refund to be made by the trader to the consumer or user as a result of the price reduction or termination of the contract shall be made without undue delay and in any event within fourteen days from the day on which the trader was informed of the consumer's or user's decision to exercise his right. Notwithstanding the above, in the case of termination of a contract for the sale of goods, the period for reimbursement provided for in the preceding paragraph shall begin to run from the moment the provisions of Article 119b(4)(a) have been complied with.
2. The refund referred to in the preceding paragraph shall be made by the trader using the same means of payment as the one used by the consumer or user to purchase the goods or digital content or services, unless the parties have expressly agreed otherwise, and provided that it does not result in any additional costs for the consumer or user.
3. The trader may not charge the consumer or user any fees for the refund.
Article 120: Time limit for the non-conformity appearance
1. In the case of a contract for the sale of goods or for the provision of digital content or services supplied in a single act or in a series of individual acts, the trader shall be liable for lack of conformity which existed at the time of the delivery or supply and which becomes apparent within three years from the time of delivery for goods or two years for digital content or services, without prejudice to Article 115b(2)(a) and (b).
In the case of second-hand goods, the trader and the consumer or user may agree on a shorter period than that referred to in the previous subparagraph, which shall not be less than one year from the date of delivery.
2. (...).

Article 121: Burden of proof
1. In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within two years of the delivery of the product or within one year of the provision of the digital content or service supplied in a single act or in a series of individual acts already existed at the time of the delivery of the goods or the provision of the digital content or service, unless, in the case of goods, this presumption proves to be incompatible with the nature of the product or the nature of the lack of conformity in question.
In the case of second-hand goods, the trader and the consumer and user may agree on a shorter presumption period than the one indicated in the previous paragraph, which shall not be shorter than the agreed liability period for the lack of conformity, in accordance with the provisions of Article 120.1.
2. à 5. (…)

Article 124: Limitation of action
An action claiming conformity in accordance with the provisions of Chapter II of this Title shall be barred within five years from the date on which the lack of conformity became apparent.

Article 125: Action against the manufacturer and recourse
1. Where it is impossible or excessively burdensome for the consumer or user to address the seller for lack of conformity, the latter may take direct action against the manufacturer to bring the goods or digital content or service into conformity.
In general, and without prejudice to the termination of the manufacturer's liability, for the purposes of this Title, under the same terms and conditions as those laid down for the seller, the manufacturer shall be liable for lack of conformity if it relates to the origin, identity or suitability of the goods or digital content or services, according to their nature and purpose and in accordance with the rules governing them.
2. The person who has compensated the consumer or user shall have a period of one year in which to bring an action against the person responsible for the lack of conformity. This period shall begin to run from the time when the compliance measure was carried out.



APPENDIX 4 - EXCERPTS FROM THE BELGIUM CODES


Belgium Civil Code – Guarantee of conformity

Art. 1649bis § 1er. Definitions.

Art. 1649quater. § 1er. For the purposes of Article 1604, para. 1, the consumer goods delivered by the seller to the consumer are deemed to be in conformity with the contract of sale only if they satisfy the requirements set out in paragraphs 2 to 8.

§2. In order to be in conformity with the contract of sale, the consumer goods must satisfy the subjective criteria of conformity provided for in the contract of sale, i.e. they must, in particular, where applicable

1° correspond to the description, type, quantity and quality and have the functionality, compatibility, interoperability and other characteristics as provided in the sales contract;
2° be suitable for the specific purpose sought by the consumer, which the consumer has made known to the seller at the latest at the time of the conclusion of the sales contract and which the seller has accepted
3° be delivered with all accessories and instructions, including installation instructions, as provided for in the sales contract; and
4° be supplied with updates as provided for in the contract of sale.

3. In addition to meeting all the subjective criteria of conformity provided for in the sales contract in accordance with paragraph 2, the consumer goods must meet the following objective criteria of conformity:
1° it must be fit for the purposes for which consumer goods of the same type would normally be used, taking into account, where applicable, any provisions of Union and national law in force and any existing technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned
2° where applicable, have the quality of a sample or model which the seller has made available to the consumer before the conclusion of the contract and correspond to the description of that sample or model
3° where applicable, be delivered with the accessories, including packaging and installation or other instructions, which the consumer may reasonably expect to receive; and
4° be in the quantity and have the qualities and other characteristics, including durability, functionality, compatibility and safety, which are normal for consumer goods of the same type and which the consumer can reasonably expect, having regard to the nature of the consumer goods and taking into account any public statements made by or on behalf of the seller or other persons up the contractual chain, including the producer, in particular in advertisements or on the label.

§ 4. The seller shall not be bound by the public statements referred to in paragraph 3, 4°, if it demonstrates:
1° that it was not aware of the statement in question and was not reasonably able to know it;
2° that, at the time of the conclusion of the contract of sale, the public statement had been corrected in the same way, or in a way comparable to that in which it was made; or
3° that the decision to purchase the consumer goods could not have been influenced by the public statement.

§ 5. (...) & §6. (…).

§7. There is no lack of conformity within the meaning of paragraph 3 or 5 if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the consumer goods deviated from the objective criteria of conformity provided for in those paragraphs and the consumer expressly and separately accepted this deviation when concluding the sales contract.

§ 8. Any defect resulting from the incorrect installation of the consumer goods shall be deemed to be a lack of conformity where
1° the installation of the good is part of the sales contract and was carried out by the seller or under his responsibility, or;
2° the installation, which was to be carried out by the consumer, was carried out by the consumer and the incorrect installation is due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, provided by the seller or the provider of the digital content or service.

Art. 1649quinquies.
§ 1er. In addition to damages, where applicable, the consumer has the right to request from the seller who is liable for a lack of conformity pursuant to Article 1649quater either the repair of the goods or their replacement, under the conditions set out in paragraphs 2 and 3, or a proportional reduction in the price or the rescission of the contract, under the conditions set out in paragraphs 5 to 7.

However, account shall be taken, where appropriate, of any worsening of the damage resulting from the use of the goods by the consumer after the time when he noticed the lack of conformity or should have noticed it.

§2. The consumer shall have the right to require the seller to repair the consumer goods or to replace them, in either case free of charge, unless the chosen remedy is impossible or would impose disproportionate costs on the seller, taking into account all the circumstances, including:
1° the value of the consumer goods in the absence of the lack of conformity
2° the significance of the lack of conformity; and
3° the possibility of opting for the other remedy without major inconvenience to the consumer.

§3. Any repair or replacement shall be made :
1° free of charge,
2° within a reasonable time after the seller has been informed by the consumer of the lack of conformity, and
3° without major inconvenience to the consumer, taking into account the nature of the consumer goods and their intended use.
In the case of repair or replacement, the consumer shall make the consumer goods available to the seller. The seller shall take back the goods to be replaced at his own expense.

Where a repair requires the removal of the good installed in accordance with its nature and purpose before the lack of conformity appeared, or where the good has to be replaced, the obligation to repair or replace the good shall include the removal of the non-conforming good and the installation of the replacement or repaired good, or the payment of the costs of removal and installation.

The consumer is not obliged to pay for the normal use he made of the replaced good during the period prior to its replacement.

§4. The seller may refuse to bring the consumer goods into conformity in accordance with paragraph 2, if repair and replacement prove impossible or if this would impose costs on him which would be disproportionate, taking into account all the circumstances, including in particular the value the consumer goods would have had if there had been no lack of conformity or the extent of the lack of conformity.

§5. The consumer shall have the right to request from the seller a proportional reduction of the price in accordance with paragraph 6, or the rescission of the sales contract in accordance with paragraph 7, in each of the following cases
1° the seller has not carried out the repair or replacement or, where applicable, has not carried out the repair or replacement in accordance with Paragraph 3, subparagraphs 2 and 3, or the seller has refused to bring the goods into conformity in accordance with Paragraph 4
2° a lack of conformity appears despite the seller's attempt to bring the goods into conformity
3° the lack of conformity is so serious that it justifies an immediate reduction of the price or the immediate termination of the contract of sale;
4° the seller has declared, or it is clear from the circumstances, that the seller will not repair or replace the goods in order to bring them into conformity within a reasonable period of time or without major inconvenience to the consumer.

By way of derogation from the first paragraph, the consumer shall not be entitled to rescind the contract of sale if the lack of conformity is minor. The burden of proof as to whether the lack of conformity is minor shall lie with the seller.

Art. 1649sexies. Where the seller is liable to the consumer for a lack of conformity, including in the case of failure to provide updates for goods with digital elements in accordance with Article 1649ter §5, attributable to a person upstream in the chain of contracts leading to the sale, the seller may bring proceedings against that person on the basis of the contractual liability to which it is subject in relation to the consumer goods, without being able to rely on a contractual clause which has the effect of limiting or excluding that liability.

Art. 1649septies. § 1er. Any commercial guarantee shall be binding on the guarantor in accordance with the conditions laid down in the declaration of commercial guarantee or in the corresponding advertisement made at the time of or before the conclusion of the contract. Under the conditions laid down in this Article, where a producer offers the consumer a commercial guarantee of durability for a certain consumer good for a certain period of time, the producer shall be directly liable to the consumer, for the duration of the commercial guarantee of durability, for the repair or replacement of the consumer good in accordance with Article 1649quinquies § 3. The producer may offer the consumer more favourable terms in the declaration of commercial guarantee of durability.

If the conditions in the commercial guarantee statement are less favourable to the consumer than those in the corresponding advertisement, the commercial guarantee shall be binding in accordance with the conditions in the advertisement relating to the commercial guarantee, unless the corresponding advertisement was corrected before the contract was concluded in a manner identical or comparable to the way in which the advertisement was made.

§2. The statement of the commercial guarantee shall be provided to the consumer on a durable medium at the latest at the time of delivery of the consumer goods. The commercial guarantee statement shall be drafted in plain and intelligible language and in a language which the consumer understands. It shall include the following elements:
1° a clear statement that the consumer is legally entitled to remedies against the seller, free of charge, in the event of lack of conformity of the consumer goods, and that the commercial guarantee has no effect on such remedies
2° the name and address of the guarantor
3° the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee;
4° the designation of the consumer goods to which the commercial guarantee applies; and
5° the conditions of the commercial guarantee.

§3. Failure to comply with paragraph 2 shall not affect the binding nature of the commercial guarantee for the guarantor.

Art. 1649octies. Contractual terms or agreements concluded before the lack of conformity was brought to the seller's attention by the consumer and which, to the detriment of the consumer, exclude, derogate from or modify the effects of the rights granted to him by this Section shall be null and void. The seller and the consumer may, however, agree on contractual terms which go beyond the statutory protection.

Any stipulation declaring the law of a non-EU Member State applicable to a contract governed by this Section shall be null and void as regards matters governed by this Section where, in the absence of such a stipulation, the law of a Member State of the European Union would be applicable and that law affords greater protection to the consumer in respect of those matters.

Belgium Civil Code – Hidden defects warranty

Art. 1641. The seller is bound by the guarantee in respect of hidden defects in the good sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them.

Art. 1642. The seller is not bound by apparent defects of which the buyer has been able to satisfy himself.

Art. 1643. The seller is liable for latent defects, even if he did not know of them, unless, in that case, he has stipulated that he will not be obliged to give any guarantee.

Art. 1644. In the case of Articles 1641 and 1643, the buyer has the choice of returning the good and having the price returned to him, or keeping the good and having part of the price returned to him, as determined by experts.

Art. 1645. If the seller knew of the defects of the good, the seller is bound, in addition to the restitution of the price which it received, to pay all damages to the buyer.

Art. 1646. If the seller was unaware of the defects in the good, it shall only be bound to return the price and to reimburse the buyer for the costs incurred by the sale.

Art. 1647. If the good which was defective has perished as a result of its poor quality, the loss is for the seller, who shall be liable to the buyer for restitution of the price, and for the other remedies explained in the two preceding articles. However, loss arising from a fortuitous event is for the account of the buyer.

Art. 1648. An action arising from redhibitory defects must be brought by the buyer within a short period of time, depending on the nature of the redhibitory defects and the usage of the place where the sale was made.