Every product is subject, without any additional cost, to the following legal guarantees:
- Legal guarantee of conformity to cover products that are defective, spoiled or damaged, or do not correspond to the order (Article L211-4 et seq of the French Consumer Code).
- Legal guarantee against hidden defects as a result of faulty materials, design or manufacturing procedures affecting the products delivered and rendering them unfit for use (Article 1641 of the French Civil Code).
14.1 Legal guarantee of conformity
14.1.1 Definition of the lack of conformity
In accordance with Article L211-4 of the French Consumer Code, LOVEBIRD is responsible for delivering a good in accordance with the contract, and will be responsible for non-conformities present at the time of delivery. LOVEBIRD is also responsible for non-conformities with regards to packaging, assembly instructions or installation conducted by LOVEBIRD, if stated in the contract, or organized by LOVEBIRD.
In accordance with Article L211-5 of the French Consumer Code, to comply with the contract, the good must:
1) Be suitable for using as expected of a similar good and, if applicable:
- match the description given by LOVEBIRD on their Site (photos and images are not contractually binding) and possess the qualities presented to the buyer in the form of a sample or model;
- Have the qualities that a buyer may legitimately expect in relation to the public statements made by LOVEBIRD, by the producer or by their representative, particularly with regards to advertising or labelling;
2) Or have characteristics as defined by mutual agreement between the parties, or be suited to any special use sought by the buyer, brought to the knowledge of LOVEBIRD, and that the latter has accepted.
14.1.2 Duration of guarantee
The prescription period for actions resulting from the lack of conformity is two (2) years from the date of delivery of the product.
If the lack of conformity becomes apparent within six (6) months from the date of delivery of the product, the defect is presumed to have existed at the time of delivery, unless LOVEBIRD can prove otherwise.
In order to exercise your rights under these legal guarantees, you must inform LOVEBIRD by email only, at firstname.lastname@example.org, of the non-conformity of the product, within the period indicated in section 14.1.2 from the date of receipt.
Please include the following information:
- Invoice, order number, full name and address
- Product reference
- The lack of conformity identified (product is damaged, worn, does not correspond to the order, etc.)
- Your choice between having the product repaired, replaced or refunded, in accordance with the provisions outlined hereafter.
Products must be returned in their original packaging and original condition, new and unopened.
You may choose between having the product repaired at the expense of LOVEBIRD, or having the product replaced. However, the latter may be refused by LOVEBIRD should it result in a disproportionate cost in comparison to the alternative solution considering the value of the product or the severity of the defect.
If neither solution is possible, you may return the product and receive a full refund of the price you paid for it, including delivery costs.
Delivery costs will be reimbursed on the basis of the cost indicated on the invoice you received, and costs of return will be reimbursed upon your presenting valid receipts.
If the guarantee of conformity applies, LOVEBIRD agrees to:
- Refund you within 15 working days from the date of receipt of the product
- Repair or replace the product within 15 working days from the date of receipt of the product. Please note that in the event of a replacement, the delay may be extended to 5 weeks as each product is custom-made.
14.1.4 Limitation of liability
LOVEBIRD will not be held responsible in the following situations:
- Non-conformity that you were aware of or that you could not have been reasonably unaware of during purchase of the product.
- Non-conformity as a result of your own fault:
- In the event of non-compliance with the legislation of the country where the products are delivered – it is your responsibility to verify the applicable law in your country.
- In the event of misuse, use for professional purposes, neglect or lack of maintenance – such as wearing the product in a manner unfit for its purpose.
- In the event of force majeure.
14.2 Guarantee against hidden defects
Within two (2) years of discovering a defect, you have the option to request a full or partial refund of the product if it is found to be unfit for use (Articles 1641 to 1648 of the French Civil Code) and according to the same terms set out in Section 14.1.