C.G.V.

 General Terms and Conditions of Sale
 

Preamble

These general terms and conditions of sale apply to all sales concluded on the website lilly-skin.com

 

The website www.lilly-skin.com is a service provided by:

  • Ecommerce Performance BV
  • located at Mercuriusweg 26, 2516AW, THE HAGUE (NL)
  • website URL: www.lilly-skin.com
  • e-mail: info@lilly-skin.com

The website lilly-skin.com sells the following products: Ecological makeup accessories

The customer declares to have read and accepted the general terms and conditions of sale prior to placing their order. Validation of the order therefore implies acceptance of the general terms and conditions of sale.

 

Article 1 - Principles

These general terms and conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms, and in particular those applicable to sales in stores or via other distribution and marketing channels.

They are accessible on the website lilly-skin.com and shall prevail, where applicable, over any other version or contradictory document.

The seller and the buyer agree that these general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

These general terms and conditions of sale are valid until 31/12/25

 

 

Article 2 - Content

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website lilly-skin.com. These terms concern only purchases made on the lilly-skin.com site and delivered exclusively in Metropolitan France or Corsica. For any delivery to the French Overseas Territories (DOM-TOM) or abroad, please send a message to the following e-mail address: info@lilly-skin.com

These purchases concern the following products: Reusable makeup remover pads with accessories and silk ranges.

 

Article 3 - Pre-contractual information

The buyer acknowledges having been provided, prior to placing their order and concluding the contract, in a readable and understandable manner, with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

 

The following information is transmitted to the buyer in a clear and understandable manner:

- the essential characteristics of the good;

- the price of the good and/or the method of calculating the price

- and, if applicable, all additional transport, delivery or postage costs and any other possible costs payable.

- in the absence of immediate performance of the contract, the date or deadline by which the seller undertakes to deliver the good, regardless of its price;

- information relating to the identity of the seller, their postal, telephone and electronic contact details, and their activities, information relating to legal guarantees, digital content functionalities and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

 

Article 4 - The order

The buyer has the possibility to place their order online, from the online catalog and using the form provided, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking in the indicated place, these general terms and conditions. They must also choose the address and method of delivery, and finally validate the payment method.

The sale will be considered final:

- after the seller has sent the buyer confirmation of the acceptance of the order by e-mail;

- and after the seller has received the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In some cases, in particular non-payment, incorrect address or other problems on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any questions regarding order tracking, the buyer must send an email to the seller at the following address: info@lilly-skin.com

 

Article 5 - Electronic signature

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement:

- enforceability of the sums due under the order form,

- signature and express acceptance of all operations performed.

In case of fraudulent use of the bank card, the buyer is invited, as soon as this use is detected, to contact the seller by email at the address info@lilly-skin.com

 

Article 6 - Order confirmation

The seller provides the buyer with a copy of the contract via email.

 

Article 7 - Proof of the transaction

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

 

Article 8 - Product information

The products governed by these general terms and conditions are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.

Product photographs are not contractual.

 

Article 9 - Price

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not take into account delivery costs, which are invoiced as a supplement, and indicated before the validation of the order. If the delivery chosen is a fast home delivery or to a relay point, the prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. If the "EcoGreen (8-14 working days)" shipping method is chosen, then the VAT is due by the customer who is considered the importer.

If one or more taxes or contributions, in particular environmental ones, were to be created or modified, upwards or downwards, this change could be reflected in the selling price of the products.

 

Article 10 - Method of payment

This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.

To pay for their order, the buyer has at their disposal, at their choice, all the payment methods made available to them by the seller and listed on the seller's site. The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen by them when validating the order form. The seller reserves the right to suspend any order processing and any delivery in case of refusal of authorization of payment by bank card from officially accredited bodies or in case of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

 

  1. Payment of the price is made in full on the day of the order, according to the following methods: by payment card, by paypal,

 

 

 

Article 11 - Product availability - Refund - Cancellation

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the site's home page, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the deadline is 7 days from the day after the buyer placed their order, according to the following methods: Tracked standard delivery. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to the DOM-TOM or another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In case of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, enjoin the seller to perform it within a reasonable additional period.

Failing performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing them of this termination, unless the professional has performed in the meantime.

The buyer may, however, terminate the contract immediately if the dates or deadlines mentioned above constitute an essential condition of the contract for them.

In this case, when the contract is terminated, the seller is required to refund the buyer for all sums paid, no later than 14 days following the date on which the contract was denounced.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or an exchange of the product.

 

Article 12 - Delivery methods

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and within the time limit specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice in the mailbox, which will allow the package to be collected at the location and within the time indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).

This verification is considered performed once the buyer, or a person authorized by them, has signed the delivery slip.

The buyer must then confirm these reservations by registered letter to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions...).

 

Article 13 - Delivery errors

The buyer must formulate with the seller on the very day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made beyond this period will be rejected.

The claim can be made, at the buyer's choice:

- e-mail address: info@lilly-skin.com

Any claim not made in the rules defined above and within the time limits will not be taken into account and will release the seller from any responsibility towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

In case of delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Registered, to the following address: Ecommerce Performance, Mercuriusweg 26, 2516AW, THE HAGUE, NETHERLANDS (NL). Return costs are borne by the seller.

 

Article 14 - Product guarantee

Legal guarantee of conformity and legal guarantee against hidden defects

 

Lilly Skin guarantees the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against defects of the thing sold within the meaning of Articles 1641 et seq. of the Civil Code. In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 100 days from the delivery of the good to act;

- the buyer can choose between repair or replacement of the good, subject to the cost conditions provided for by Article L. 217-17 of the Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the good during the 100 days for new goods, following the delivery of the good.

In addition, it is recalled that:

- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;

- the buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this hypothesis, they can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

 

 

Article 15 - Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order, to return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns must be made in their original state and complete (packaging, accessories, instructions...) allowing them to be remarketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of withdrawal declaration is accepted. It must be unambiguous and express the will to withdraw.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased is refunded and the delivery costs are refunded.

Return costs are borne by the buyer.

The exchange (subject to availability) or the refund will be made within 5 days, and no later than 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

 

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

- for the supply of goods the price of which depends on fluctuations in the financial market which are beyond the professional's control and which may occur during the withdrawal period;

- for the supply of goods made to the consumer's specifications or clearly personalized;

- for the supply of goods liable to deteriorate or expire rapidly;

- for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

- for the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;

- for the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;

- for urgent maintenance or repair work to be carried out at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;

- for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

- for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

- for the supply of digital content not provided on a tangible medium the performance of which has begun after the consumer's prior express consent and express waiver of his right of withdrawal.

Article 16 - Force Majeure

All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exemption from the parties' obligations and entail their suspension.

The party invoking the aforementioned circumstances must immediately notify the other party of their occurrence, as well as their disappearance.

Cases of force majeure will be considered to be any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, cases of force majeure or fortuitous events are considered, in addition to those usually retained by the jurisprudence of French courts and tribunals: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to the clients.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general terms and conditions may be terminated by the injured party.

Article 17 - Intellectual Property

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers undertake to make no use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offense.

Article 18 - Data Protection

The personal data provided by the buyer is necessary for processing their order and for issuing invoices.

It may be communicated to the seller's partners responsible for the execution, processing, management, and payment of orders.

The processing of information communicated via the website lilly-skin.com complies with the General Data Protection Regulation (GDPR) which came into force on May 25, 2018.

The buyer has a permanent right of access, modification, rectification, and opposition regarding information concerning them. This right can be exercised under the conditions and according to the procedures defined on the Marque Avenue site.

Article 19 - Partial non-validation

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation, or following a final decision by a competent jurisdiction, the other stipulations will retain their full force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 - Contract language

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

Article 23 - Mediation

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

Article 24 - Applicable Law

These general terms and conditions are subject to the application of French law. The competent court is the district court (tribunal d'instance) for disputes of an amount less than or equal to €10,000 or the high court (tribunal de grande instance) for disputes of an amount greater than €10,000.

This applies to both substantive and procedural rules. In the event of a dispute or claim, the buyer will first contact the seller to reach an amicable solution.

Article 25 - Personal data protection

Collected data:

The personal data collected on this site are as follows:

Account opening: when creating the user's account, their surname, first name, email address; phone number; postal address;

Connection: when the user connects to the website, it records, in particular, their surname, first name, connection, usage, location data, and payment-related data.

Profile: the use of the services provided on the website allows filling in a profile, which may include an address and a phone number.

Payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card.

Communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored.

Cookies: cookies are used as part of the use of the site. The user has the possibility to disable cookies from their browser settings.

Use of personal data

The personal data collected from users aims to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the terms of use of the Payment Services;

- verification, identification, and authentication of data transmitted by the user;

- offering the user the possibility to communicate with other users of the website;

- implementation of user support;

- customization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software) and management of security incidents;

- management of potential disputes with users;

- sending of commercial and advertising information, according to the user's preferences.


Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracts;

- when the user publishes, in the free comment areas of the website, information accessible to the public;

- when the user authorizes a third-party website to access their data;

- when the website uses the services of service providers to provide user support, advertising, and payment services. These service providers have limited access to the user's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

- if required by law, the website may transmit data to respond to claims against the website and comply with administrative and judicial procedures;

- if the website is involved in a merger, acquisition, asset disposal or reorganization proceeding, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.


Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@lilly-skin.com

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy.
  • the right of rectification: if the personal data held by the website is inaccurate, they can request the update of the information.
  • the right to data deletion: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to restriction of processing: users can ask the website to restrict the processing of personal data in accordance with the assumptions provided by the GDPR.
  • the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided by the GDPR.
  • the right to portability: they can demand that the website provide them with the personal data provided to it to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the modification by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

Appendix:

Withdrawal form

(to be completed by the consumer,

and to be sent by registered letter with acknowledgment of receipt,

within a maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form

For the attention of:

Lilly Skin / Ecommerce Perfomance BV

located at: Mercuriusweg 26, 2516AW, THE HAGUE, NETHERLANDS

email address: info@lilly-skin.com

I hereby notify you of my withdrawal from the contract concerning the provision of the service, ordered on: .........

Consumer's first and last name: .................

Consumer's address: .................

Date: ..................

Consumer's signature

_________________________________________________________________________

Appendices

Consumer Code

Article L. 217-4: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing upon delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when it was made his responsibility by the contract or was carried out under his responsibility.”

Article L. 217-5: “The good complies with the contract:

1° If it is fit for the purpose usually expected of a similar good and, where applicable:

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

- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer, or his representative, particularly in advertising or labeling;

2° Or if it presents the characteristics defined by common agreement by the parties or is fit for any special purpose sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.”

Article L. 217-6: “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 legitimately not in a position to know them”.

Article L. 217-7: “Lack of conformity which appears within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.”

Article L. 217-8: “The buyer is entitled to demand the compliance of the good with the contract. He cannot, however, contest conformity by invoking a defect he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials he himself provided.”

Article L. 217-9: “In case of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless impossible, according to the modality not chosen by the buyer.”

Article L. 217-10: “If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have a part of the price returned. The same option is available to him: 1° If the solution requested, proposed or agreed upon in application of Article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for the buyer considering the nature of the good and the use he is looking for. The resolution of the sale cannot, however, be pronounced if the lack of conformity is minor.”

Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages.

Article L. 217-12: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”

Article L. 217-13: "les dispositions de la présente section ne privent pas l'acheteur du droit d'exercer l'action résultant des vices rédhibitoires telle qu'elle résulte des articles 1641 à 1649 du code civil ou toute autre action de nature contractuelle ou extracontractuelle qui lui est reconnue par la loi."

 

Article L. 217-14: "L'action récursoire peut être exercée par le vendeur final à l'encontre des vendeurs ou intermédiaires successifs et du producteur du bien meuble corporel, selon les principes du code civil.

 

Article L. 217-15: "La garantie commerciale s'entend de tout engagement contractuel d'un professionnel à l'égard du consommateur en vue du remboursement du prix d'achat, du remplacement ou de la réparation du bien ou de la prestation de tout autre service en relation avec le bien, en sus de ses obligations légales visant à garantir la conformité du bien. 
La garantie commerciale fait l'objet d'un contrat écrit, dont un exemplaire est remis à l'acheteur. 
Le contrat précise le contenu de la garantie, les modalités de sa mise en œuvre, son prix, sa durée, son étendue territoriale ainsi que le nom et l'adresse du garant. 
En outre, il mentionne de façon claire et précise que, indépendamment de la garantie commerciale, le vendeur reste tenu de la garantie légale de conformité mentionnée aux articles L. 217-4 à L. 217-12 et de celle relative aux défauts de la chose vendue, dans les conditions prévues aux articles 1641 à 1648 et 2232 du code civil. 
Les dispositions des articles L. 217-4, L. 217-5, L. 217-12 et L. 217-16 ainsi que l'article 1641 et le premier alinéa de l'article 1648 du code civil sont intégralement reproduites dans le contrat. 
En cas de non-respect de ces dispositions, la garantie demeure valable. L'acheteur est en droit de s'en prévaloir."

 

Article L. 217-16: “Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir.

Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention.”

 

Code civil

Article 1641: “Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage, que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus.”

 

Article 1648: “L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur, dans un délai de deux ans à compter de la découverte du vice. Dans le cas prévu par l'article 1642-1, l'action doit être introduite, à peine de forclusion, dans l'année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents.