ARTICLE 9: LEGAL WARRANTIES
WARRANTY OF CONFORMITY AND WARRANTY AGAINST HIDDEN DEFECTS
The products are covered by the statutory Warranty of Conformity (Article L. 211-4 et. seq. of the Consumer Code) and the Warranty Against Hidden Defects (Article 1641 et. seq. of the Civil Code). Warranty is excluded in the event of damages of external origin or consequent on improper use, use not in conformity, negligence, or fault in handling on the part of the Customer, as in the case of normal product wear and tear.
- Article L211-4 of the Consumer Code
The seller must deliver goods which are in conformity with the sales contract and respond to defects of conformity existing upon delivery (...).
- Article L211-5 of the Consumer Code
In order to conform to the contract, the item must:
1° Be appropriate for the use normally expected for such an article and, if appropriate: correspond to the description given by the seller and have the characteristics shown to the purchaser in the form of a sample or model have the characteristics that a purchaser might legitimately expect in view of public statements made by the seller, the manufacturer, its representative, notably in advertising or labelling
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed .
- Article L211-7 of the Consumer Code
Any lack of conformity, which becomes apparent within six months of delivery is presumed to have existed at the time of delivery unless proven otherwise. The seller can rebut this presumption if it is not compatible with the nature of the item or the conformity defect invoked.
- Article L211-9 of the Consumer Code
In the event of a conformity defect, the buyer chooses between the repair or replacement of the item. However, the seller has the right not to follow the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the item or the significance of the defect. They must then follow the option not chosen by the buyer, unless it is impossible.
- Article L211-10 of the Consumer Code
If the repair or replacement of the item are not possible, the buyer may return the item and be refunded the purchase price, or keep the item and be refunded a portion of the purchase price.
The same option is available to the buyer:
1° If the solution requested, offered, or agreed upon pursuant to Article L.211-9 cannot be implemented within a period of one month from the buyer's claim
2° Or if this solution cannot be employed without a major drawback to the buyer due to the nature of the item and the intended use.
The sale cannot, however be cancelled, if the defect in conformity is minor.
- Article L211-12 of the Consumer Code
Action resulting from defects in conformity is no longer required after two years from the date of delivery of the item.
- Article L211-13 of the Consumer Code
The provisions of this section shall not deprive the buyer of the right to take action resulting from latent defects, pursuant to Articles 1641 to 1649 of the Civil Code, or any other action of a contractual or non-contractual nature to which he/she is entitled by law.
- Article 1641 of the Civil Code: The seller is bound by the warranty against hidden defects of the item sold which render it unsuitable for its intended use, or which diminish its use so much that the buyer would not have purchased it, or would have paid a lower price if he/she had known of them.Article 1648, Paragraph 1 of the Civil Code: The action resulting from the latent defects must be initiated by the buyer within a period of two years starting from the discovery of the defect.
The guarantor against defects in the item sold is RUGBY DIVISION SAS, whose registered offices are located at 75 Rue de Lourmel 75015 Paris. When he/she acts on the legal conformity warranty, the Customer has a period of two years from the delivery of the item to act, may choose between the repair or replacement of the item, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code, and is exempt from providing proof of the existence of the conformity defect of the item in the 6 months following the delivery of the item. The statutory conformity warranty applies independently of any commercial warranty that may be granted.
The customer may decide to implement the warranty against hidden defects for the item sold in the meaning of Article 1641 of the Civil Code, and may choose between the cancellation of the sale and a reduction in the selling price pursuant to Article 1644 of the Civil Code.
ARRANGEMENTS FOR RETURN AND REFUND OF DEFECTIVE OR NON-COMPLIANT PRODUCTS
The customer requesting the application of the statutory conformity warranty or hidden defects warranty must then return the item within the above-mentioned periods to Rugby Division at the following address:
Rugby Division (Returns)
Rue Claude Chapel
35400 SAINT MALO
Prior to this return, the Customer must contact the Web Customer Service using the contact form on the site or by calling 04 68 73 79 76. In the event of a return of a defective or non-compliant product, after Rugby Division notes the defect or non-compliance, Rugby Division will refund the Customer's purchase price for the item(s) concerned, in addition to, in the event the full order is returned, the shipping costs.