Terms of Sales
The company SARL CUSTOM RACING
located 170, rue Pierre Gilles de Gennes – Le Gerfaut II 83210 La Farlède, FRANCE
URL address of the site: www.lead-racewear.com
e-mail: contact@custom-racing.net
telephone number: 0430650230
The LEAD RACEWEAR website sells the following products: Clothing and equipment for BMX and mountain biking.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. Validation of the order therefore constitutes acceptance of the general conditions of sale.
Article 1 – Principles
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the LEAD RACEWEAR website and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general conditions of sale are valid until December 31, 2023.
Article 2 – Content
The purpose of these general 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 LEAD RACEWEAR website.
These conditions only concern purchases made on the LEAD RACEWEAR website and delivered exclusively in mainland France or Corsica. For any delivery in the French Overseas Territories or abroad, it is appropriate
to send a message to the following email address: contact@custom-racing.net.
These purchases concern the following products: Clothing and equipment for BMX and mountain biking.
Article 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of 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 property;
– the price of the good and/or the method of calculating the price;
– if applicable, all additional transport, delivery or postage costs and all other
possible fees payable;
– in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods,
whatever its price;
– information relating to the identity of the seller, his postal, telephone and electronic contact details,
and its activities, those relating to legal guarantees, the functionalities of digital content and, where applicable
applicable, its interoperability, the existence and methods of implementation of guarantees and others
contractual conditions.
Article 4 – The order
The buyer has the possibility to place his order online, from the online catalog and by means of the
form which appears there, 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 where indicated, these
terms and conditions. He will also have to choose the address and the delivery method, and finally validate the method of delivery.
payment.
The sale will be considered final:
– after sending the buyer confirmation of acceptance of the order by the seller by mail
electronic;
– and after collection by the seller of the entire price.
Any order constitutes acceptance of the prices and description of the products available for sale. All
dispute on this point will take place within the framework of a possible exchange and the guarantees below
mentioned.
In certain cases, including non-payment, incorrect address or other problem with the account
the buyer, the seller reserves the right to block the buyer's order until the resolution of the
issue.
For any questions relating to the tracking of an order, the buyer can call the following telephone number
: 0430650230 (cost of a local call), on the following days and times: Monday to Friday, 9 a.m. to 12 p.m. and from
1 p.m. to 5 p.m., or send an email to the seller at the following email address: contact@custom-racing.net.
Article 5 – Electronic signature
Online provision of the buyer's bank card number and final validation of the order
will constitute proof of the buyer's agreement:
– due date of sums due under the purchase order;
– signature and express acceptance of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to
contact the seller at the following telephone number: 0430650230.
Article 6 – Order confirmation
The seller provides the buyer with an order confirmation by email.
Article 7 – Proof of the transaction
Computerized records, kept in the seller's computer systems under conditions
reasonable security measures, will be considered as proof of communications, orders and
payments made between the parties. The archiving of purchase orders and invoices is carried out on a
reliable and durable support that can be produced as proof.
Article 8 – Product information
The products governed by these general conditions are those which appear on the seller's website and
which are marked as sold and shipped by the seller. They are offered while stocks last.
available.
The products are described and presented with the greatest possible accuracy. However, if errors or
omissions may have occurred regarding this presentation, the seller cannot be held responsible.
The photographs of the products are not contractual.
Article 9 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in accordance with
force indicated at the time of ordering, subject to availability on that date.
Prices are in euros. They do not take into account delivery costs, charged extra, and
indicated before validation of the order. Prices take into account the VAT applicable on the day of
order and any change in the applicable VAT rate will be automatically reflected in the price of the products
from the online store.
If one or more taxes or contributions, particularly environmental, were to be created or modified,
whether increasing or decreasing, this change may be reflected in the selling price of the products.
Article 10 – Payment method
This is an order with payment obligation, which means that placing the order
implies payment by the buyer.
To pay for his order, the buyer has, at his choice, all the payment methods available to him.
available by the seller and listed on the seller's website. The buyer guarantees to the seller that he has the
authorizations possibly necessary to use the payment method chosen by him, during validation
of the purchase order. The seller reserves the right to suspend all order management and delivery.
in the event of refusal of authorization for payment by bank card from officially accredited organizations
or in the event of non-payment. The seller reserves the right to refuse to make a delivery or
to honor an order from a buyer who has not paid totally or partially a
previous order or with which a payment dispute is being administered.
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card
Article 11 – Availability of products – Reimbursement – Resolution
Except in cases of force majeure or during periods of closure of the online store which will be clearly
announced on the home page of the site, 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 mainland France and Corsica, the deadline is 24 to 48 hours (excluding weekends and days
public holidays) from the day following that on which the buyer placed his order, according to the following terms
: Colissimo or Chronopost (pickup relay). At the latest, the deadline will be 30 working days after the conclusion
of the contract.
For deliveries in the French Overseas Territories or another country, the delivery terms will be specified in
the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract,
order the seller to perform this within a reasonable additional period.
In the absence of execution 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
written on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of
this resolution, unless the professional has complied in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute
for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all of the
sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the opportunity
to cancel your order. The buyer will then have the choice of requesting either reimbursement of the sums paid
within 14 days at the latest of their payment, i.e. the exchange of the product.
Article 12 – Delivery terms
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 deadlines 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 can, at his request, have an invoice sent to the address of
invoicing 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 calling card in the mailbox, which
will allow the package to be collected at the location and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition
articles. If they have been damaged, the buyer must refuse the package and note a reservation on the
delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his
signature for any anomaly concerning delivery (damage, missing product compared to the delivery note,
damaged package, broken products, etc.).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has
signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail at the latest within
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
from the seller within 14 days of delivery. Any claim made outside this deadline cannot be
accepted. The return of the product can only be accepted for products in their original condition (packaging,
accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must inform the seller on the same day of delivery or at the latest on 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 appearing on the order form. Any claim made beyond
this deadline will be rejected.
The claim may be made, at the buyer's choice:
– by telephone at the following number: 0430650230;
– by e-mail to the following address: contact@lead-racewear.com.
Any claim not made in accordance with the rules defined above and within the allotted time limits cannot be
taken into account and will release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and the
will communicate by email to the buyer. The exchange of a product can only take place after the allocation of the
exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to
seller as a whole and in its original packaging, by Colissimo Recommended, to the following address
: 170, rue Pierre Gilles de Gennes – Le Gerfaut II, 83210 La Farlède.
Return costs are the responsibility of the seller.
Article 14 – Product guarantee
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to formulate a
request under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the code of
consumption.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
– the buyer has a period of 2 years from delivery of the goods to act;
– the buyer can choose between repair or replacement of the good, subject to cost conditions
provided for by article L. 217-17 of the Consumer Code;
– the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods
(6 months in the case of second-hand goods), following delivery of the goods.
14-2 Legal guarantee against hidden defects
In accordance with articles 1641 et seq. of the civil code, the seller is responsible for hidden defects that may
affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are
likely to render the property unfit for the use for which it is intended. This guarantee must be implemented in
a period of two years from the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with article 1644
of the civil code.
Commercial guarantee
The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and
ensuring reimbursement of the purchase price, replacement or repair of the goods. It does not cover the
defects caused by abnormal or faulty use or resulting from a cause unrelated to the qualities
intrinsic to the products.
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 to
from the date of delivery of their order, to return any item that does not suit them and request
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 condition and complete (packaging, accessories, instructions, etc.) allowing
their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be returned.
The right of withdrawal can be exercised online, by completing a withdrawal request, the details of which are specified below in the appendix.
In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to
the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express
the desire to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) will be refunded.
purchased and delivery costs are refunded.
Return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 5 days, and at most
late, within 14 days from receipt by the seller of the products returned by the buyer
under the conditions provided for above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for
contracts:
– supply of goods whose price depends on fluctuations on the financial market beyond the control of the
professional and likely to occur during the withdrawal period;
– supply of goods made to the consumer’s specifications or clearly personalized;
– supply of goods likely to deteriorate or expire quickly;
– supply of goods which have been unsealed by the consumer after delivery and which cannot be
returned for reasons of hygiene or health protection;
– supply of goods which, after having been delivered and by their nature, are mixed in an inseparable manner
with other items;
– supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value
agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the
professional ;
– maintenance or repair work to be carried out urgently at the consumer's home and expressly
requested by him, within the limit of spare parts and work strictly necessary to respond to
urgency;
– supply of audio or video recordings or computer software when they have been unsealed by the
consumer after delivery;
– supply of a newspaper, periodical or magazine, except for subscription contracts to these
publications;
– supply of digital content not provided on a material medium whose execution began after
express prior consent of the consumer and express waiver of his right of withdrawal.
Article 16 – Force majeure
Any circumstances beyond the control of the parties preventing execution under conditions
normal of their obligations are considered as causes of exemption from the obligations of the parties and
lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their
occurrence, as well as their disappearance.
All irresistible facts or circumstances, external to the parties, will be considered as force majeure.
unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by these
last, despite all reasonably possible efforts. Expressly, are considered cases of
force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of courts and tribunals
French: blocking means of transport or supplies, earthquakes, fires,
storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to communication networks
external telecommunications to customers.
The parties will come together to examine the impact of the event and agree on the conditions in
which the execution of the contract will be continued. If the force majeure lasts longer than three months,
these general 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 owner of the intellectual property rights on
this content.
Buyers undertake not to make any use of this content; any total or partial reproduction of this
content is strictly prohibited and may constitute an offense of counterfeiting.
Article 18 – Information Technology and Freedoms
The personal data provided by the buyer are necessary to process their order and to
the preparation of invoices.
They may be communicated to the seller's partners responsible for execution, processing,
order management and payment.
The processing of information communicated via the LEAD RACEWEAR website has been
the subject of a declaration to the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to the
information about him. This right can be exercised under the conditions and according to the modalities defined on the
LEAD RACEWEAR website.
Article 19 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared
such in application of a law, a regulation or following a final decision of a court
competent, the other stipulations will retain all their force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the
obligations referred to in these general conditions cannot be interpreted for the future as a
waiver of the obligation in question.
Article 21 – Title
In the event of difficulty of interpretation between any of the titles appearing at the top of the clauses, and one
any of the clauses, the titles will be declared non-existent.
Article 22 – Language of the contract
These general 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 be authentic in the event of a dispute.
Article 23 – Mediation
The buyer can resort to conventional mediation, in particular with the Commission de la
consumer mediation or with existing sectoral mediation bodies, or in any mode
alternative dispute resolution (conciliation, for example) in the event of a dispute.
Article 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is
district court for disputes amounting to less than or equal to €10,000 or the high court
authority for disputes amounting to more than €10,000.
This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint,
the buyer will contact the seller as a priority to obtain an amicable solution.
Article 25 – Protection of personal data
Data collected
The personal data collected on this site are as follows:
– account opening: when creating the user's account, their name; first name ; email address
; Phone Number ; address ;
– connection: when the user connects to the website, he records, in particular, his name,
first name, connection data, usage data, location data and payment data;
– profile: the use of the services provided on the website allows you to complete a profile, which can be
include an address and telephone number;
– payment: as part of the payment for the 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, the data
concerning the user's communications are subject to temporary retention;
– cookies: cookies are used as part of the use of the site. The user has the possibility to
disable cookies from your browser settings.
Use of personal data
The purpose of the personal data collected from users is to provide the services.
of the website, their improvement and the maintenance of a secure environment. More specifically, the uses
are the following :
– access and use of the website by the user;
– management of the operation and optimization of the website;
– organization of the conditions of use of the Payment Services;
– verification, identification and authentication of data transmitted by the user;
– offering the user the possibility of communicating with other users of the website;
– implementation of user assistance;
– personalization of services by displaying advertisements based on the browsing history of
the user, according to their preferences;
– prevention and detection of fraud, malware (malicious software) and management of
security incidents;
– management of possible disputes with users;
– sending commercial and advertising information, based on user preferences.
Sharing 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
relationship with third-party banking and financial companies with which it has entered into contracts;
– when the user publishes, in the free comment areas of the website, accessible information
to the public ;
– when the user authorizes a third party’s website to access their data;
– when the website uses the services of service providers to provide user assistance, advertising and
payment services. These service providers have limited access to user data, within the framework of
the execution of these services, and have a contractual obligation to use them in accordance with the
provisions of the regulations applicable to the protection of personal data;
– if required by law, the website may transmit data to respond to complaints
presented against the website and comply with administrative and legal procedures;
– if the website is involved in a merger, acquisition, transfer of assets or procedure of
receivership, 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 the personal data
personal information is not transferred to a third party.
Security and Privacy
The website implements organizational, technical, software and physical measures in terms of
digital security to protect personal data against alteration, destruction and unauthorized access
authorized. However, it should be noted that the Internet is not a completely secure environment and the site
web cannot guarantee the security of the transmission or storage of information over the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the
following rights, which they can exercise by making their request to the following address: contact@customracing.net.
the right of access: they can exercise their right of access, to know the personal data most
concerning. In this case, before implementing this right, the website may request proof of
the identity of the user in order to verify its accuracy.
the right to rectification: if the personal data held by the website is inaccurate,
they can request the information to be updated.
the right to delete data: users can request the deletion of their data
of a personal nature, in accordance with applicable data protection laws.
the right to restriction of processing: users can ask the website to limit the processing
processing of personal data in accordance with the assumptions provided for by the GDPR.
the right to object to data processing: users can object to their
data is processed in accordance with the assumptions provided for by the GDPR.
the right to portability: they can request that the website give them the personal data which
are provided to it to transmit 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 clause of
protection of personal data, the website undertakes to publish the new version on its site. THE
website will also inform users of the modification by electronic mail, within a period
minimum of 15 days before the effective date. If the user does not agree with the terms of the news
drafting of the personal data protection clause, he has the possibility of deleting his
account.
Annex :
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
To the attention of :
SARL CUSTOM RACING
located at: 170, rue Pierre Gilles de Gennes – Le Gerfaut II, 83210 La Farlède
telephone number: 0430650230
email address: contact@custom-racing.net
I hereby notify you of my withdrawal from the contract relating to…………………, ordered
THE : ………
First and last name of the consumer: ……………..
Consumer address: ……………..
Date : ………………
Consumer signature
Annex :
Consumer Code
Article L. 217-4: “The seller delivers goods in conformity with the contract and is liable for existing defects of conformity
during delivery.
He is also responsible for any lack of conformity resulting from the packaging, 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 property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter 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 declarations made
by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any use
special sought by the buyer, brought to the attention of the seller and which the latter has accepted.”
Article L. 217-6: “The seller is not bound by the public declarations 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: “Defects of conformity which appear within a period of twenty-four months from the
delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.For goods
sold second-hand, this period is set at six months. The seller can combat this presumption if it is not
compatible with the nature of the goods or the alleged lack of conformity.”
Article L. 217-8: “The buyer has the right to demand that the goods conform to the contract. However, he cannot
challenge conformity by invoking a defect that he knew or could not have ignored when he contracted. It
the same goes when the defect has its origin in the materials which he himself supplied.”
Article L. 217-9: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the
However, the seller may not proceed according to the buyer's choice if this choice results in a cost
manifestly disproportionate with regard to the other modality, taking into account the value of the property or
the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by
the buyer.”
Article L. 217-10: “If repair and replacement of the goods are impossible, the buyer may return the goods
and have the price returned or keep the good and have part of the price returned. The same faculty is
open: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be
implementation within one month following the buyer's complaint; 2° Or if this solution cannot
be without major inconvenience for him taking into account the nature of the good and the use he seeks. There
termination of the sale cannot, however, be declared 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 award of damages.
Article L. 217-12: “The action resulting from the lack of conformity is prescribed two years from the
deliverance of good.”
Article L. 217-13: “the provisions of this section do not deprive the buyer of the right to exercise the action
resulting from redhibitory defects as resulting from articles 1641 to 1649 of the civil code or any other action
of a contractual or extra-contractual nature recognized by law.”
Article L. 217-14: “The recourse action may be exercised by the final seller against the sellers or
successive intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15: “The commercial guarantee means any contractual commitment of a professional to
towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the
property or the provision of any other service in relation to the property, in addition to its legal obligations aimed at
guarantee the conformity of the goods.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its scope
territorial as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller
remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating
to defects in the item sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first
paragraph of article 1648 of the civil code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to
prevail."
Article L. 217-16: “When the buyer asks the seller, during the course of the commercial guarantee which
was granted to him during the acquisition or repair of movable property, a restoration covered by the
warranty, any downtime period of at least seven days is added to the remaining warranty period.
to run.
This period runs from the buyer's request for intervention or the making available for
repair of the property in question, if this provision is subsequent to the request for intervention.”
Civil Code
Article 1641: “The seller is bound by the guarantee for hidden defects in the thing sold which make it
unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it
acquired, or would have given only a lower price, if he had known them.”
Article 1648: “The action resulting from redhibitory defects must be brought by the purchaser, within a period of
two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought,
under penalty of foreclosure, in the year following the date on which the seller can be released from defects or
apparent conformity defects.
