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

If the product ordered by the Customer has a conformity defect existing at the time of delivery, EDEN PARK undertakes to replace the product, subject to available stocks. If it is impossible to replace the product, EDEN PARK will reimburse the price after the Customer has returned the product.

Article L.217-4 of the Consumer Code: The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, when the latter was made his responsibility by the contract or was carried out under his responsibility.

Article L.217-5 of the Consumer Code: The goods conform to the contract:

1° whether it is fit for the purpose ordinarily expected of similar goods and, if so :

-   it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model ;

-       it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L.217-6 of the Consumer Code: The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.

Article L.217-7 of the Consumer Code: Defects of conformity which appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.

Article L.217-8 of the Consumer Code: The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew or could not have been unaware of when he contracted. The same applies when the defect originates in materials supplied by the buyer.

Article L.217-9 of the Consumer Code: In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.

Article L.217-10 of the Consumer Code: If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price returned.

The same option is available to him:

1° If the solution requested, proposed or agreed upon pursuant to Article L.217-9 cannot be implemented within one month of the buyer's complaint;

2° Or if this solution cannot be achieved without major inconvenience to the consumer, taking into account the nature of the property and the use he is seeking.

However, the sale cannot be cancelled if the lack of conformity is minor.

Article L.217-11 of the Consumer Code: The application of the provisions of Articles L.217-9 and L.217-10 shall take place at no cost to the buyer. These same provisions do not prevent the award of damages.

Article L.217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "

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

In the event of hidden defects, EDEN PARK undertakes to reimburse the full price of the product, after the Customer has returned the product, or the price determined by an expert, if the Customer chooses to keep the product.

"Article 1641 of the Civil Code: The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them.

Article 1642 of the Civil Code: The seller is not liable for apparent defects of which the buyer has been able to convince himself.

Article 1643 of the Civil Code: He is liable for hidden defects, even if he did not know about them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.

Article 1644 of the Civil Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned, or keeping the thing and having part of the price returned.

Article 1645 of the Civil Code: If the seller was aware of the defects of the thing, he is bound, in addition to the restitution of the price he received, to pay all damages to the buyer.

Article 1646 of the Civil Code: If the seller was unaware of the defects of the thing, he shall only be obliged to refund the price, and to reimburse the purchaser for the costs incurred by the sale.

Article 1647 of the Civil Code: If the thing which had defects has perished as a result of its bad quality, the loss is for the seller, who will be obliged towards the buyer to return the price and to the other compensations explained in the two preceding articles. But the loss which has occurred by chance shall be for the account of the buyer.

Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

6.3  Methods of implementation

In order to take advantage of the applicable warranty under the conditions mentioned above, the Customer must send an e-mail to Customer Service: contact@eden-park.tm.fr, in which he/she will describe the defect and/or the fault of the product. The Customer may also contact Customer Service on 00 33 (0)1 55 90 44 00.

Upon receipt, the Customer will be informed whether or not his request for a guarantee will be accepted, as well as, if applicable, the terms and conditions of the possible acceptance, in accordance with the conditions mentioned above.