Date of last update: 02/01/2024
ARTICLE 1 - DEFINITIONS
Application: refers to the interface that is the exclusive property of Pokawa, accessible in particular at the following page: https://pokawa.be/fr_fr/telecharger-application/ and downloadable via the Apple Store, the Android Store or the Google Store, through which the Customer can place Orders via the Click&Collect service or by delivery.
GENERAL TERMS AND CONDITIONS : means these Click & Collect and Delivery General Terms and Conditions of Sale.
Click&Collect means the service accessible via the Application and the Site whereby the Customer can place an Order online and collect it from the Restaurant chosen when placing the Order.
Customer : means any natural person ordering Products on the Site or the Application. This person acknowledges that he/she is of legal age and has full legal capacity to enter into commitments under the GTCS.
How to order: means any order for Products to be taken away (Click and Collect service) or for delivery made on the Site or via the Application to a Point of Sale.
Account : refers to the personal space that the Customer can create on the Site to access the Product Ordering service, associated with a login and password.
Personal data: personal information as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, which is provided by the Customer to the Seller and Pokawa or which is collected by Pokawa when using the Site.
Delivery Delivery: refers to the service whereby the Customer chooses to place an Order via the Site and/or the Application, with a restaurant offering this service, and then to have the Order delivered by an independent courier.
Parts means the Customer and the Seller together.
Pokawa : a simplified joint stock company with capital of 2,470.60 euros, registered in the Paris Trade and Companies Register under number 830 213 203, with its registered office at 7 rue de Bucarest, 75008 Paris.
Restaurant : means commercial premises where a Pokawa business is operated.
Products : designates all products offered for sale on the Site or via the application by a Restaurant.
Intermediation service : designates the intermediation service between Sellers and Customers offered by Pokawa via the Site.
Site : means the Internet site accessible at the following URL address : https://pokawa.be.
User : means any natural person browsing the Site and the Application.
Seller : means the legal entity that sells Products in a Pokawa branded Restaurant, independent franchisee or branch of Pokawa, selected from the Pokawa Restaurant network according to the pick-up address chosen by the Customer, and where the Order will be registered.
ARTICLE 2 - PREAMBLE AND ENFORCEABILITY OF THE GSC
The purpose of the GTS is to define and govern the rights and obligations of the Parties in the context of the online sale of Products by the Seller to the Customer via the Site and the Application in Pokawa Restaurants. Any Order of Products by the Customer automatically implies the Customer's full and unreserved acceptance of these GTS.
The Site and the Application are published by POKAWA, a simplified joint stock company with capital of 2,470.60 euros, registered in the Paris Trade and Companies Register under number 830 213 203, whose registered office is located at 7 rue de Bucarest, 75008 Paris, which holds all intellectual property rights over them.
The Site is hosted by OVH.
In the event of any conflict between the provisions of the GTC and any other contractual documents relating to the Intermediation Services and Product Orders, these GTC shall prevail unless the Parties agree otherwise in writing.
No tolerance in the application of the provisions of the GTCS may be interpreted as a waiver by Pokawa or the Seller of the right to invoke them at a later date.
If any of the provisions hereof are or become invalid under any present or future legal provision, they shall be deemed unwritten without affecting the validity of the other provisions hereof.
The GTC come into force as of their publication on the Site. Pokawa reserves the right to modify these GTC at any time. In the event of a change to the GTC, the applicable GTC shall be those in force on the date the Order is paid for.
ARTICLE 3 - USE OF THE SITE AND APPLICATION
Use of the Site and/or the Application is governed by the General Terms and Conditions of Use (hereinafter the "Terms and Conditions"). CGU "The Customer fully and unreservedly accepts these terms and conditions when browsing the Site and/or the Application and placing Orders.
ARTICLE 4 - PRODUCT INFORMATION
The Products whose sale is governed by these GTS are those which appear on the Site and the Application, and which are indicated as being offered for sale by the Seller. These Products are offered subject to the availability of the Restaurant where the Order is placed, it being specified that the Vendor reserves the right to modify or interrupt the offer of certain Products at any time, the unavailability of which will be specified to the Customer before the Order is placed.
The Products are described and presented with the utmost sincerity. Mention is made of the list of ingredients, allergens and nutritional values. The photographs are for illustrative purposes only and have no contractual value.
It is the Customer's responsibility, before placing any Order, to find out about any allergies or intolerances to certain ingredients in the Products and to seek out any traces thereof from Pokawa and the Seller, in particular by consulting the list of ingredients and allergens on the Product presentation sheet. Pokawa and/or the Seller shall not be held liable for the consequences of the Customer failing to take this information into account when placing an Order.
Once the Products have been collected, the Customer is responsible for keeping them in good condition and ensuring that they are consumed before the use-by date indicated on the packaging. In the event of the Best Before Date being illegible or accidentally removed from the labelling, the Customer undertakes to obtain the information from the Seller and, by default, to consume the Products promptly, within a maximum of three (3) days of their withdrawal.
We recommend that the Products are never frozen and that they are consumed as soon as possible after receipt of the Order.
Pokawa and/or the Seller shall not be held liable for any deterioration of the Products due to the Customer's negligence and/or improper storage of the Products after collection/delivery.
ARTICLE 5 - CREATING A CUSTOMER ACCOUNT
To order Products via the Site and/or the Application, Customers may create and log on to their Account to place their Order, or place their Order as a guest.
To create an account on the Site and/or the Application, the Customer must be at least :
The creation of an Account and the completion of an Order require the Customer to communicate certain Personal Data, collected and stored by Pokawa and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, namely:
When creating an Account, the Customer undertakes to provide Pokawa and the Seller with accurate and sincere information, and to keep this information up to date via the Account administration page.
The Customer's Account is purely personal. Consequently, the Customer undertakes to use it personally and never to allow a third party to use it in his/her place or on his/her behalf, unless he/she bears full responsibility.
In the same way, the Customer is responsible for maintaining the confidentiality of his/her login details and in particular his/her password. The Customer is advised to use a complex password made up of letters, numbers and special characters. The Customer must immediately contact Pokawa if it notices that its Account has been used without its knowledge, in which case Pokawa shall be free to take all appropriate measures to restore the integrity of the Account.
If the Customer forgets and/or loses his/her password, he/she can use the "forgotten password" function to reset it by clicking on the link and following the instructions in the e-mail received.
In the event of a breach of these GTC and/or legal or regulatory provisions in force, Pokawa reserves the right to suspend the Customer's Account without compensation.
ARTICLE 6 - COMPLETION AND ACCEPTANCE OF THE ORDER
To place an Order for Products on the Site and/or the Application, the Customer must choose a Restaurant from among those offered on the Site and/or the Application. To this end, Customers may choose the Restaurant of their choice from the list offered, or use the geolocation service, which will inform them of the Restaurant closest to the address they have entered.
The Customer must select the Products they wish to order and add them to their basket. The Customer is informed that the price of the Products may vary according to the specificities and supplements of said Products. Each supplement is indicated when the Product is selected.
Once the Customer has completed their selection of Products, they will be asked to confirm the accuracy of their selection before placing their Order.
Only the Products in the basket will be included in the Customer's Order.
The completion of the Order necessarily requires the Customer to provide certain Personal Data, collected and stored by Pokawa and the Seller in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on data protection, namely:
In addition, for the Click & Collect service, customers must enter the date and time they wish to collect their Order.
The Customer shall be free to modify his Order or the information communicated until the Order has been paid for and transmitted to the Seller.
Payment for the Product Order in accordance with the conditions set out above is equivalent to :
All Orders placed via Click&Collect must be collected during the opening hours of the Pokawa Restaurant chosen. These opening hours are indicated on the restaurant selection page when the Order is placed.
The Vendor shall archive the Purchase Orders and the invoices for the Orders on a reliable and durable medium, constituting a true copy in accordance with the provisions of article 1379 of the French Civil Code. The Vendor's computerised records shall be considered by the Vendor and the Customer as proof of communications, Orders, payments and transactions between the Parties.
ARTICLE 7 - APPLICABILITY OF THE RIGHT OF WITHDRAWAL
Under the terms of article L221-28, 4° of the French Consumer Code, the right of withdrawal applicable to distance selling may not be exercised in the case of the supply of goods which, by their nature, are likely to deteriorate or expire rapidly. As a result of the above, Orders that have been definitively validated and paid for cannot give rise to the exercise of a right of withdrawal and cannot be cancelled.
No Products may be taken back or exchanged.
ARTICLE 8 - PAYMENT OF THE ORDER PRICE
8.1 Prices
The prices of the Products and the associated taxes are those indicated on the Site and the Application. They are expressed in euros and are inclusive of all taxes, taking into account the VAT applicable on the date of the Order. The Vendor reserves the right to modify the prices of the Products at any time, subject to applying the prices indicated on the Site and the Application at the time the Order is placed.
Delivery costs, which apply solely to Deliveries, are also specified before the Order is placed. The amount of these charges depends on the distance between the delivery address entered and the Restaurant selected.
Pokawa also applies service fees, the amount of which is indicated before the Order is placed, which enable Pokawa to optimise the customer experience, in particular through new functions and optimal customer service.
Finally, additional charges may be applied if the amount of the Order is less than the minimum amount set by the Restaurant at the time of Delivery.
The Products may be the subject of promotional offers. Any special promotional offer will be subject to these GTC, which will prevail in the event of any inconsistency between the terms of the special offer and these GTC. These offers may be modified or withdrawn at any time. In order for the Customer to be able to take advantage of them, these offers must exist and still be in force at the time of the Order.
8.2 Terms of payment for the Order
Payment of the Order by the Customer implies its validation by the Seller.
The Vendor offers the Customer the following secure payment methods:
The Vendor has the necessary authorisations to use the said method of payment. By paying for the Order, the Customer certifies that he/she is authorised to use the bank card whose details have been provided for this purpose, and authorises the Vendor to invoice the Order.
In the event of a refusal to authorise payment by bank card or non-payment of the Order validated by the Customer, the Vendor reserves the right to suspend the processing of the Order until it has been paid for in full or to cancel the said Order.
If the bank card used for payment fails to be identified and verified, the Order in question will be cancelled.
ARTICLE 9 - CLICK & COLLECT ORDER COLLECTION
To collect their Order, Customers must go to the selected Sales Outlet at the chosen date and time, bearing their Order number.
Due to the nature of the Products, in the event that the Customer is late in collecting his/her Order from the Point of Sale, or in the event that an Order is not collected, it may be destroyed by the Seller without the Customer being entitled to claim any reimbursement or compensation in this respect, and without the Seller or Pokawa being held liable in any way whatsoever.
ARTICLE 10 - DELIVERIES
For Delivery orders, the Order shall be delivered to the delivery address indicated by the Customer when placing the Order on the Web Site or via the Application.
The information provided by the Customer at the time of placing the Order is binding and any error in the Customer's contact details is the sole responsibility of the Customer. In this case, the Vendor shall not be held responsible for the impossibility of delivering the Product and the Customer shall not be reimbursed for the order not received.
ARTICLE 11 - LIABILITY
Pokawa's involvement is strictly limited to the provision of the Intermediation Service to Users and Customers. In this respect, Pokawa shall bear the consequences of any damage directly attributable to it and likely to be caused to the Customer in the context of the operation of the Site and/or the Application, within the limits mentioned in the GTCU.
Pokawa shall not be held liable:
The Vendor shall bear the consequences of any damage directly attributable to it in connection with the Customer's Order, in accordance with ordinary law. However, the Vendor shall not be held liable in the event of an act of the Customer or in the event of force majeure within the meaning of article 1218 of the French Civil Code.
The limitations and exclusions in this article are not intended to limit the liability or modify the rights of consumers which cannot be excluded in accordance with the applicable legal provisions.
ARTICLE 12 - INTELLECTUAL PROPERTY
Nothing herein, nor the availability of the Site and the Application, shall be construed as implying any transfer of intellectual property rights from Pokawa and the Seller to the Customer.
All technologies, information, data, documents, know-how and/or formulas communicated by Pokawa to the Customer as part of the provision of the Site and/or the Application and/or the Order, as well as all trademarks, logos, trade names and photographs appearing on the Site, shall remain the exclusive property of Pokawa. The Customer is granted a personal, non-exclusive, non-assignable and non-transferable right to use the Site and/or the Application.
Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of Pokawa's or the Seller's intellectual property without its prior written consent is strictly prohibited. The fact that Pokawa or the Seller does not initiate proceedings as soon as it becomes aware of such unauthorised use does not constitute acceptance of said use and waiver of legal action.
ARTICLE 13 - PROHIBITION ON THE SALE OF ALL ALCOHOLIC PRODUCTS TO MINORS
The Company reminds the Customer that, in accordance with the provisions of article L3342-1 of the French Public Health Code, as amended by law no. 2009-879 of 21 July 2009, the sale of alcohol to minors under the age of eighteen (18) is prohibited. Consequently, the purchase of any alcohol-based product during the Ordering process is strictly forbidden to minors under the age of eighteen (18).
On this occasion, the Customer may be asked to show proof of identity when placing a Click & Collect Order, in case of doubt, or at the time of delivery, in accordance with article L3343-1 of the French Public Health Code.
ARTICLE 14 - DO NOT CALL LIST
Pursuant to article L.223-1 of the French Consumer Code, customers are reminded that if, outside their relationship with the Company, they do not wish to be the subject of commercial canvassing by telephone, they may, free of charge, register on the telephone canvassing opposition list with the Bloctel service (https://www.bloctel.gouv.fr).
ARTICLE 15 - PROTECTION OF PERSONAL DATA
Pokawa and the Seller undertake to comply with the provisions of the General Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2019 on the Protection of Personal Data (hereinafter referred to as: " RGPD "It also undertakes to respect and ensure that its employees respect the confidentiality and security of any personal data that may be collected and processed by them in connection with the performance of this agreement.
As part of the formation and execution of the GTC, Pokawa and the Seller are required to collect and process the Customer's personal data, in compliance with the RGPD. The data collected includes the following: surname, first name, telephone number, email address, IP address, payment details.
This data is required to process the Customer's Order and execute the GTC.
This data may be communicated to Pokawa's and the Seller's employees and to any partners responsible for the execution, processing and management of the relationship with the Customer. Pokawa and the Seller do not intend to transfer data collected in this way outside the European Union.
Customers whose personal data is processed have a right of access, rectification, deletion, limitation of processing, portability of data, a right of opposition and a right to give instructions after their death regarding information concerning them, by sending a letter to the following address:
POKAWA SAS
7 rue de Bucarest ;
75008 Paris.
If Pokawa wishes to use the data for a new purpose, a new request for consent will be made to the Customer.
ARTICLE 16 - INFORMATION AND TECHNICAL ASSISTANCE
For any information or questions relating to the operation of the Site and/or the Application and/or their Account, Customers are invited to contact the following e-mail address: serviceclient@pokawa-group.com.
For any information or questions relating to their Product Order, Customers are invited to contact the Seller by telephone on the number indicated on the Site and/or the Application.
ARTICLE 17 - APPLICABLE LAW - JURISDICTION
The relationship between Pokawa and the Customer, or the Seller and the Customer, under these GTC shall be governed by French law.
In the event of any dispute arising between the Parties, particularly with regard to the validity, interpretation and performance of these GCS, the Parties may attempt in good faith to reach an amicable agreement to resolve the difficulty.
For any complaint relating to the operation of the Site and/or the Application, the Customer may send a letter to Pokawa stating the difficulties or shortcomings observed to the following address: 7 rue de Bucarest, 75008 Paris.
For any complaint relating to their Product Order, Customers may send their complaints by post to the Seller, stating the difficulties or shortcomings observed, to the address given on the Site.
Customers may also request the services of the mediator free of charge by sending an e-mail to the following address mediation-franchise-consommateurs@franchise-fff.com or by post to the following address
The FFF
Franchise-Consumer Mediation Commission
29 Boulevard de Courcelles - 75008 Paris
The Customer must specify the purpose of his request and attach the documents on which it is based. On receipt, the mediator will notify the Parties of the referral by e-mail or ordinary post.
Within the framework of this mediation, the Customer may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each Party may also request the opinion of an expert, at its own expense. In the event of a joint request for an expert opinion, the costs shall be shared equally between Pokawa or the Seller and the Customer.
The mediation shall be concluded within ninety (90) days from the notification of the referral by the mediator. The Parties are free to accept or refuse the mediator's proposal.
In any event, recourse to mediation is not compulsory.
In addition, the Customer is informed that an Online Dispute Resolution platform has been set up by the European Commission, which can be accessed at the following address: : https://webgate.ec.europa.eu/odr/. The aim of this platform is to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
If the Customer does not wish to refer the matter to the mediator, or if one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties shall be free to bring proceedings before the competent court.
ARTICLE 18 - ANNEXES
Article L. 217-4 et seq. of the French Consumer Code
Article L217-3
The seller shall deliver a property that complies with the contract and the criteria set out in article L. 217-5.
He is liable for any lack of conformity that existed at the time of delivery of the goods within the meaning of Article L. 216-1, and which becomes apparent within two years of delivery. [...]
The seller shall also be liable, for the same period, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions supplied by the seller.
This guarantee period applies without prejudice to articles 2224 et seq. of the Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.
Article L217-4
The property conforms to the contract if it meets the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, which must be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
Article L217-5
I.-In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II - However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was entered into, the public declarations had been corrected in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchase decision.
III - The consumer may not contest the conformity of the goods by invoking a defect relating to one or more specific characteristics of the goods which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed when the contract was concluded.
Article L217-7
Defects in conformity that appear within twenty-four months of 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 L217-6
Where, in the course of the contract, personal data is processed by the professional, a failure on his part to comply with his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, files and individual liberties, where such failure results in non-compliance with one or more of the compliance criteria set out in this section, shall be treated as a failure to comply, without prejudice to the other remedies provided for by these texts.
ArticleL217-7
Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
[...]
Article L217-8
In the event of lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled its obligations under this chapter, in accordance with articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L217-9
The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in sub-section 1 of this section.
The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.
Article L217-10
The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience to the consumer, taking into account the nature of the goods and the use intended by the consumer.
The repair or replacement of non-conforming goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree specifies the terms and conditions for bringing the property into compliance.
Article L217-11
The goods are brought into conformity at no cost to the consumer.
The consumer is not obliged to pay for the normal use made of the replaced goods during the period prior to their replacement.
Article L217-12
The seller may not proceed according to the choice made by the consumer if the compliance requested is impossible or would entail disproportionate costs, in particular with regard to :
1° The value that the goods would have had if there had been no lack of conformity ;
2° The extent of the lack of conformity; and
3° The possibility of opting for the other choice without any major inconvenience for the consumer.
The seller may refuse to bring the property into compliance if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium.
Article L217-13
Any goods repaired under the legal guarantee of conformity benefit from a six-month extension of this guarantee.
If the consumer chooses to have the goods repaired but this is not done by the seller, bringing the goods into conformity by replacing them will start a new period of the legal guarantee of conformity for the replaced goods. This provision applies from the day on which the replacement goods are delivered to the consumer.
Article L217-14
The consumer is entitled to a reduction in the price of the goods or to rescission of the contract in the following cases:
1° Where the trader refuses to comply ;
2° If compliance is not achieved within thirty days of the consumer's request or if it causes him a major inconvenience;
3° If the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods or the related costs;
4° If the non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the goods to be repaired or replaced beforehand.
The consumer does not have the right to rescind the sale if the lack of conformity is minor, which is for the seller to demonstrate. This paragraph does not apply to contracts in which the consumer does not pay a price.
Articles 1641 to 1649 of the Civil Code
Article 1641
The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1643
He is liable for hidden defects, even if he is unaware of them, unless he has stipulated that he will not be obliged to provide any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him.
Article 1645
If the seller was aware of the defects, he shall be liable to the buyer for all damages in addition to restitution of the price received.
Article 1646
If the seller was unaware of the defects, he will only be required to refund the price and reimburse the buyer for the costs incurred by the sale.
Article 1647
If the thing that was defective has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and the other damages explained in the two preceding articles.
However, any loss due to unforeseen circumstances will be charged to the buyer.
Article 1648
Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity.
Article 1649
It does not apply to sales made by judicial authority.
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