ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without restriction or reservation, to all sales concluded by Emir ICE ("the Seller") with consumers and non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("Products") on the website emirice.com . They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.
The Products offered for sale on the Emirice.com website are as follows:
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Emirice.com website .
The Customer is required to read this before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the Emirice.com website are not contractual and cannot engage the liability of the Seller.
The Customer is required to refer to the description of each Product in order to understand its essential properties and characteristics.
Product offers are subject to availability, as specified when the order is placed.
The Seller's contact details are as follows:
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.
These General Conditions of Sale are accessible at any time on the Emirice.com website and will prevail, where applicable, over any other version or any other contradictory document.
The Customer declares to have read these General Conditions of Sale and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Emirice.com website.
These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of 6 January 1978, the Client has the right, at any time, to access, rectify and oppose all of his or her personal data by writing, by post and providing proof of identity, to:
Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Emirice.com website.
The Products presented on the Emirice.com website are offered for sale in the following territories: Whole world
In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. These will be the sole responsibility of the Customer.
Changes to these General Conditions of Sale are binding on users of the website.
Emirice.com from the date they are put online and cannot apply to transactions concluded previously.
ARTICLE 2 – Orders
It is up to the Customer to select the Products they wish to order on the Emirice.com website , according to the following terms:
Contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by email, and after the Seller has received payment in full. and/or and after receipt by the latter of the entire deposit due.
For orders placed exclusively online, an order is recorded on the Provider's website when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and confirms their order.
The Customer has the opportunity to check the details of their order, its total price and to correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract.
It is therefore the Customer's responsibility to check the accuracy of the order and to immediately report any errors.
Any order placed on the Emirice.com website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the Emirice.com website
If orders are limited
The Seller does not intend to sell the Products on the Emirice.com website to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 10 identical items.
If an order can only be fulfilled from a certain amount or quantity:
No orders for a lower amount at 0 euros including tax or relating to a quantity of products less than 0 cannot be accepted.
Any changes to the order by the Customer may only be taken into account by the Seller within the limits of its possibilities and on condition that they are notified by email. to the Seller 1 days at least before the scheduled date for shipment of the order.
In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of 30 days from notification of the impossibility of accepting the modifications requested by the Customer (unless the latter prefers to benefit from a credit note).
If a deposit is paid when ordering:
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 3 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, the deposit paid when ordering, as defined in the “Payment Conditions” article of these General Conditions of Sale will be automatically acquired by the Seller and may not give rise to any reimbursement.
If no deposit has been paid when ordering :
In the event of cancellation of the order by the Customer after its acceptance by the Seller less than 1 days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever other than the exercise of the right of withdrawal or force majeure, a sum corresponding to 15 % of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the loss thus suffered.
ARTICLE 3 - Rates
The Products are supplied at the current prices appearing on the Emirice.com website , when the order is registered by the Seller. Prices are expressed in Euros, excluding and including VAT.
The prices take into account any reductions that may be granted by the Seller on the Emirice.com website.
These prices are firm and not subject to revision during their period of validity, as indicated on the Emirice.com website , the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the Emirice.com website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
Possible specific orders from the Customer may be considered. If necessary, they will be the subject of a quote previously accepted by the latter. Quotes established by the Seller are valid for a period of 1 month , from their date of establishment.
The order on estimate is only considered accepted after payment of a deposit of 60 % of the order amount.
An invoice is drawn up by the Seller and given to the Customer upon receipt of payment.
ARTICLE 4 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:
In the event of payment by bank check, it must be issued by a bank domiciled in mainland France or Monaco.
The check is cashed upon receipt.
Payment data is exchanged in encrypted mode using the protocol PAYPAL, STRIPE
If payment is only debited when the order is shipped:
In the case of payment by credit card, the card is only debited when the order is shipped.
The Seller shall not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.
Payments made by the Customer will only be considered final after actual collection of the amounts due by the Seller.
Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.
No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered to mainland France (and to the following countries: whole world) within a shipping time indicated on the Product sheet to which is added the processing and delivery time to the address indicated by the Customer when ordering on the Emirice.com website
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or in the event of unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above.
However, these deadlines are provided for information purposes only.
If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L 216-2 L 216-3 L241-4 of the Consumer Code.
The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
If deliveries are made by an independent carrier:
Attention :
Pursuant to the order of March 14, 2016 relating to the legislative part of the Consumer Code, when the seller is responsible for the transport of the goods sold, the risk of loss or deterioration of these goods will only be transferred to the consumer when the latter takes physical possession of them ( C. consom. art. L 216-4 ). According to the current rules of common law, goods travel at the risk and peril of their owner, who is most of the time the customer ( C. civ. art. 1196, 1344-2 and 1624 ; C. com. art. L 132-7 ). In matters of contracts concluded at a distance, the Court of Cassation had already ruled that the seller who has entrusted the delivery of goods to a carrier is solely liable to the customer when the goods have been lost during transport (Cass. 1e civ. 13-11-2008 n° 07-14.856: RJDA 10/09 n° 838). The solution now applies to all sales concluded by a consumer. The postponement of the transfer of risks to the date of taking possession nevertheless includes one exception: the risk will be transferred to the consumer upon handing over the goods to the carrier when the latter has been entrusted with transport by the consumer and the choice has not been proposed by the professional (art. L 216-5 ).
Deliveries are made by an independent carrier, to the address indicated by the Customer when ordering and which the carrier can easily access.
When the Customer has himself taken charge of calling on a carrier of his own choice, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier, as soon as he has handed over the Products sold to the carrier who has accepted them without reservation.
The Customer therefore acknowledges that it is the carrier's responsibility to carry out delivery and has no recourse under warranty against the Seller in the event of failure to deliver the transported goods.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
If deliveries can also take place in store:
The Seller also offers free delivery to one of its stores, listed below. on the Emirice.com website , for a minimum order amount set at 1,000 euros.
The Customer is required to check the condition of the delivered products.
It has a period of 3 days from delivery to formulate by electronic mail , all reservations or claims for non-conformity or apparent defect of the Products delivered (for example, damaged package already opened, etc.), with all relevant supporting documents (photos in particular).
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).
ARTICLE 6 - Transfer of ownership - Transfer of risks
The transfer of ownership of the Seller's Products to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 30 days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the Emirice.com website , in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other unambiguous declaration expressing the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs will remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within 10 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's Liability - Warranty
The Products sold on the Emirice.com website comply with the regulations in force in France and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions:
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 3 days from the delivery of the Products or the existence of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days following the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer's bank account or by bank check addressed to the Customer.
The Seller shall not be held liable in the following cases:
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
If a contractual guarantee is provided :
Products purchased on the Emirice.com website may benefit, in addition to the legal guarantees of conformity and hidden defects, from a paid contractual guarantee as indicated in the description of each Product concerned, according to the terms, conditions and prices appearing in the appendix to these General Conditions of Sale (Guarantee Contract).
Contractual guarantees cover “List of contractual guarantees” excluding “List of situations not covered by contractual guarantees” .
Where applicable, the Product purchased also benefits from a manufacturer's commercial warranty (refer to the conditions of the manufacturer's warranty possibly provided in the packaging of said Product).
ARTICLE 9 - Data Protection and Freedoms
In application of law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for processing his order and for establishing invoices, in particular.
This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Emirice.com website has been declared to the CNIL.
The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
This right may be exercised under the conditions and according to the terms defined on the Emirice.com website .
ARTICLE 10 - Intellectual property
The content of the Emirice.com website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Seller remains the owner of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the request of the Client) for the purpose of providing the Services to the Client.
The Customer therefore prohibits any reproduction or exploitation of said studies, designs, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on financial compensation.
ARTICLE 11 - Unforeseen circumstances
The Parties have agreed, within the framework of the provisions of Article 1195 of the Civil Code, that a change in circumstances by example: financial, economic or material,... surrounding the conclusion of a sale transaction of the Seller's products subject to these General Conditions of Sale and resulting in to cause an increase in a price increase which will be fully assumed by the Client even if these risks make the execution of its obligations excessively onerous for the Client, all other risks being assumed by the other Party.
However, if the change in circumstances unforeseeable at the time of the conclusion of the contract was definitive or continued beyond 1 months, these presents would be purely and simply resolved according to the terms defined in the article “Resolution for Unforeseen Events”.
ARTICLE 12 - Specific execution
In the event of a breach by either Party of its obligations, the Party that is the victim of the default shall have the right to request specific performance of the obligations arising from this agreement. By way of derogation from the provisions of Article 1221 of the Civil Code, the creditor of the obligation may pursue this specific performance after a simple formal notice, addressed to the debtor of the obligation by registered letter with acknowledgment of receipt, which has remained unsuccessful, whatever the circumstances and even if there is a manifest disproportion between its cost to the debtor and its interest for the creditor.
It is recalled that in the event of failure by either Party to fulfill its obligations, the Party affected by the default may, in accordance with the provisions of Article 1222 of the Civil Code, 10 days after sending a formal notice to perform which has remained unsuccessful, have the obligation performed itself by a third party, at the expense of the defaulting Party, provided that the cost is reasonable and in accordance with market practices, without judicial authorization being necessary for this purpose, being that the Party affected by the default may also, at its option, request in court that the defaulting Party advance the sums necessary for this performance.
ARTICLE 13 - Exception of non-performance
It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even though it is due, if the other Party does not perform its own and if this non-performance is sufficiently serious, that is to say, likely to call into question the continuation of the contract or fundamentally upset its economic balance. The suspension of performance will take effect immediately, upon receipt by the defaulting Party of the notification of breach sent to it for this purpose by the Party affected by the breach indicating the intention to apply the exception of non-performance as long as the defaulting Party has not remedied the breach noted, notified by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of sending.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfill the obligations incumbent upon it by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default.
This option is used at the risk and peril of the Party which takes the initiative.
The suspension of performance shall take effect immediately upon receipt by the Party presumed to be in default of notification of the intention to apply the exception of preventive non-performance until the Party presumed to be in default performs the obligation for which a future breach is manifest, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending to be provided.
If the impediment were permanent or continued beyond 30 days, these presents would be purely and simply resolved according to the terms defined in the article Resolution for failure of a party to fulfill its obligations.
ARTICLE 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
The party noting the event must immediately inform the other party of its inability to perform its service and provide justification to the latter. The suspension of obligations may under no circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.
The performance of the obligation is suspended for the entire duration of the force majeure if it is temporary and does not exceed a duration of 30 days.
Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is permanent or exceeds a period of 30 days, these terms and conditions will be purely and simply resolved according to the terms defined in the article “Termination for force majeure”.
During this suspension, the parties agree that the costs incurred by the situation will be borne by the party prevented from attending.
ARTICLE 15 - Termination of the contract
15-1- Resolution for unforeseen circumstances
The resolution for the impossibility of performing an obligation which has become excessively onerous may not, notwithstanding the clause Resolution for failure of a party to meet its obligations set out below, take place until 10 days after sending a formal notice declaring the intention to apply this clause notified by registered letter with acknowledgement of receipt or any extrajudicial act.
15-2 - Resolution for non-performance of a sufficiently serious obligation
The Party affected by the default may, notwithstanding the Termination clause for failure of a party to meet its obligations set out below, in the event of sufficiently serious non-performance of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgment of receipt to the Defaulting Party, the wrongful termination of these presents, 10 days after sending a formal notice to comply which has remained unsuccessful, and this in application of the provisions of article 1224 of the Civil Code.
15-3 - Resolution for force majeure
It is expressly agreed that the parties may terminate this contract automatically, without notice or formality.
15-4 - Resolution for failure of a party to fulfill its obligations
Please note: The termination clause must specify the commitments whose non-performance will result in the termination of the contract, which should be listed in the termination clause itself ( Article 1225 of the Civil Code ). It can only be implemented after a formal notice, expressly mentioning the termination clause, has remained unsuccessful, it being specified that the parties may agree in their contract that the formal notice would result from the sole fact of non-performance ( Article 1344 of the Civil Code ).
In the event of non-compliance by either party with the following obligations:
“For example, non-payment on the due date for services ordered by the Client”
referred to in the articles of this contract, it may be terminated at the discretion of the injured party.
It is expressly understood that this resolution for failure of a party to meet its obligations will take place automatically, the formal notice resulting from the sole fact of non-performance of the obligation, without notice or execution of formalities.
15-5 - Provisions common to cases of resolution
It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put on notice by the sole enforceability of the obligation, in accordance with the provisions of Article 1344 of the Civil Code.
The services exchanged between the Parties since the conclusion of the contract and until its termination can only be useful through the complete execution of the contract, they will give rise to full restitution.
ARTICLE 16 - Applicable law - Language
Please note: The contract concluded between a consumer and a professional may be subject to the law of a State which is not a member of the European Union, but this choice must not deprive the consumer of the protection granted by the mandatory rules of Community law transposed into domestic law when this contract has a close link with the territory of a Member State.
Order of 14 March 2016 No. 2016-301 relating to the legislative part of the Consumer Code establishes an identical presumption of a close link between the contract and a Member State in the following cases, in particular (art. L231-1 ), this list being non-exhaustive:
the contract was concluded in the Member State of the consumer's habitual residence; the trader directs his activity towards the territory of the Member State where the consumer resides, provided that the contract falls within the scope of that activity; the contract was preceded in that Member State by a specially made offer or by advertising and by the acts performed by the consumer necessary for the conclusion of that contract; the contract was concluded in a Member State where the consumer went following a travel or holiday proposal made, directly or indirectly, by the seller to encourage him to conclude this contract. The fact that a trader has directed his activity towards a Member State also makes it possible to determine the national court competent to hear an intra-Community dispute relating to a contract concluded by a consumer (Reg. 44/2001 of 22-12-2000 art. 15, § 1-c). For the application of this text, it has been held that the mere use of a website by the trader is not sufficient to consider that he directs his activity towards the Member State of the consumer who makes a purchase via this site (CJEU 7-12-2010 aff. 585/08 and 144/09: RJDA 2/11 n° 205). Other clues are needed, for example, the website being written in a language other than that of the merchant.
These General Conditions of Sale and the operations resulting from them are governed by and subject to French law.
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 be authoritative in the event of a dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (C. consom. art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the website “Emirice .com » or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ARTICLE 18 - Pre-contractual information - Customer acceptance
The fact for a natural person (or legal entity) to order on the website “ Emirice.com » implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ANNEX I - Provisions relating to legal guarantees
Article L217-4 of the Consumer Code:
The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility under the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
Article L217-16 of the Consumer Code:
When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648 paragraph 1 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
ANNEX II - Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on “ Emirice.com » except for exclusions or limits to the exercise of the right of withdrawal in accordance with the applicable General Conditions of Sale.
To the attention of Emirice.com
Client's signature (only if this form is notified on paper):