OCHY offers Services using video and artificial intelligence to provide personalized analysis of full body movements in sports.
The Services are intended for Users, free access to the Site also allows the consultation of content and information.
The terms andexpressions referred to below shall have the following meanings:
"Application" Refers to the program designed, developed and operated by OCHY, which can be downloaded by the User onto his/her mobile terminal and which provides access to the Services.
The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond OCHY's control and subject to any maintenance operations required for the proper functioning of the Application.
"Account" Refers to the space made available to the User having created his profile and allowing him to access the Services to which he has subscribed.
"General Conditions" Refers to these terms and conditions which are broken down into:
- General terms and conditions of use, which determine the rules of access and the terms of use of the Application and the Site,
- General terms and conditions of sale which determine the rules relating to the sale of the Services by OCHY to any User.
The General Conditions govern all relations between OCHY and the User. They apply without restriction or reserve to all downloads of the Application and subscriptions to the Services as well as to browsing on the Site. The General Conditions define the rights and obligations of the Parties.
"OCHY" Refers to the company OCHY, a simplified joint stock company with a capital of 5,000 euros, registered at the RCS of Rennes under the number 901 855 296 and whose head office is located at 2 rue de la Mabilais 35000 RENNES.
"Parties" Designate collectively OCHY and the User, or individually one of them.
"User" Refers to any natural person over 18 years of age who has full legal capacity and who is acting for purposes that do not fall within the scope of his or her commercial, industrial, craft, liberal or agricultural activity.
"Services" Designate the different functionalities of the Application.
"Site" Refers to the OCHY website accessible at the address http://www.ochy.io. The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of OCHY and subject to any maintenance operations necessary for the proper functioning of the Site.
The User acknowledgesthat access to the Site, installation of the Application and use of theServices implies compliance with the General Conditions in their entirety.
The GeneralConditions are available on the Site and are communicated at the time of subscriptionto the Services.
The GeneralConditions are binding on the Customer who acknowledges having read them andexpressly accepted them without reservation before validating the subscriptionto Services.
Any subscription to Servicesimplies acceptance of the General Conditions.
OCHY reserves the right to modify the General Conditions at any time,in particular in order to comply with any new regulation or in order to improvethe use of its Application.
The GeneralConditions applicable will be those in force at the date of the subscription of the Services by the User or of his navigation on the Site.
The Servicesprovide biomechanical analysis of laboratory quality.
The Services allow the User to evaluate his running technique where andwhen he wants and to improve it in order to avoid injuries.
These features may be enhanced or modified at any time by OCHY.
OCHY offers various Services specified on the Site and the Application,which specify:
- Descriptionof the offer,
- Possibleconditions,
- Price,
- Theterms of payment,
- The duration and, ifapplicable, the tacit renewal.
Among the Services offered, the User may take out a subscription, theduration of which is specified on the OCHY Website and expressly mentioned atthe time of the order.
The subscription will be renewed tacitly.
Three months before the end of the subscription, and at the latest one monthbefore the end, the User will have the possibility to terminate thesubscription, this one not being renewed.
The User will be informedby OCHY of the deadline for non-renewal of the subscription.
If the User does notterminate the subscription one month before the end of the subscription period,the subscription will be renewed for the same period.
In accordance withArticle L. 215-4 of the Consumer Code, the User is informed of the provisionsof Articles L. 215-1 to L. 215-3 and L. 241-3 of the said Code:
Article L. 215-1:"For contracts for the provision of services concluded for a fixed termwith a tacit renewal clause, the professional providing the services shallinform the consumer in writing, by letter or dedicated e-mail, no earlier thanthree months and no later than one month before the end of the periodauthorising the rejection of the renewal, of the possibility of not renewingthe contract he has concluded with a tacit renewal clause. This information,delivered in clear and understandable terms, shall mention, in a visible box,the deadline for non-renewal.
Where thisinformation has not been sent to him in accordance with the provisions of thefirst paragraph, the consumer may terminate the contract free of charge at anytime from the renewal date. Advances made after the last renewal date or, inthe case of open-ended contracts, after the date of conversion of the initialfixed-term contract, are in this case reimbursed within thirty days from thedate of termination, after deduction of the sums corresponding to theperformance of the contract up to that date. In the absence of reimbursementunder the conditions provided for above, the sums due shall bear interest atthe legal rate."
Article L. 215-3:"The provisions of this chapter are also applicable to contractsconcluded between professionals and non-professionals."
Article L. 241-3:"When the professional has not proceeded to reimbursement under theconditions provided for in Article L. 215-1, the sums due shall bear interestat the legal rate."
Furthermore, OCHYreserves the right to terminate the Services in the event of non-compliancewith the stipulations of the present General Conditions by the User, withoutprejudice to any other action.
Access to the Services implies:
- Accessto the internet network,
- Ownership of a terminal (computer, tablet or mobile):
The Application can be downloaded free of charge fromthe "Apple Store" and "Google Play Store" platforms.However, the Application is not compatible with mobile devices running Android9 or earlier, or Apple iOS 12 or earlier.
The possession of a computer allowing access to theSite offering access to the Services.
- Creating an Account,
- Subscription to an OCHY serviceoffer,
- The provision of a validatedpayment method,
- The capture by the User of avideo with a resolution of 720p (1280x720 pixels) minimum, lasting a minimum ofone second and a maximum of ten seconds, clearly and visibly reproducing theUser running and reproducing at least two leg strides.
In order to use theApplication, the User must create an Account. To do so, the User must provide OCHYwith the following information:
- First name,
- Name,
- Email address.
Access to the Accountis protected by a confidential login and password that are kept by the User.
At the time ofplacing the order, the User will be asked to :
- Verify yoursubscription to the chosen Service offering,
- Validatehis subscription to the Services,
- Pay the pricefor the Services in accordance with Article 5 of these Terms and Conditions,
The User will thenimmediately receive a summary, by electronic means at the email addressprovided, confirming the subscription to a Service offer, its payment and thecorresponding invoice.
The User shall be invitedto keep this summary, and may also request communication of it at any time fromOCHY.
Access to theServices will be effective as soon as the User subscribes to a Service offer.
The prices of the Servicesare those in force on the Site and on the Application on the day the order isvalidated.
The prices areindicated in euros (€) taking into account the applicable VATin force (TTC).
The telecommunication costs inherent inaccessing the Services are the exclusive responsibility of the User.
The payment of theprice of the Services is made by credit card, the accepted credit cards are Visa,MasterCard, American Express, Apple Pay.
In accordance witharticle L132-2 of the French Monetary and Financial Code, the payment ordermade by card is irrevocable.
The User confirmsthat he/she is the holder of the card used for the payment.
In accordance withArticle L221-28 13° of the Consumer Code, the right of withdrawal available tothe consumer in the context of a contract concluded at a distance, cannot beexercised with regard to a contract for the supply of digital content notprovided on a physical medium, the performance of which has begun after theconsumer's express prior agreement and express waiver of his right ofwithdrawal.
Any subscription tothe Services entails the provision of digital content not provided on aphysical medium. Consequently, the User who has expressly agreed to benefitfrom the Services in digital format before the end of the withdrawal period,expressly waives the right to exercise said right of withdrawal.
Upon confirmation ofthe subscription to a Service offer by the User, the User will be asked for hisconsent to have immediate access to the Services, informing him that he willnot have the right of withdrawal.
The confirmation ofthis information will be sent to the User at the same time as the confirmationof his subscription.
The User, in his capacityas a consumer under the Consumer Code and as mentioned in the box below,benefits from the legal guarantee of conformity as well as the legal guaranteeof hidden defects.
Thelegal provisions providing for the User's rights and the terms ofimplementation of these guarantees are reproduced in the appendix to these GeneralConditions.
The consumer isentitled to the implementation of the legal guarantee of conformity in theevent of the appearance of a defect of conformity during a period correspondingto the duration of the offer of Services as from the supply of the digitalcontent or the digital service. During this period, the consumer is onlyrequired to establish the existence of the lack of conformity and not the dateof its appearance.
The legal guarantee of conformityentails the obligation to provide all the updates necessary to maintain theconformity of the digital content or the digital service during the periodcorresponding to the duration of the offer of Services.
The legal guarantee of conformity givesthe consumer the right to have the digital content or service brought intoconformity without undue delay following his request, at no cost and withoutmajor inconvenience to him.
The consumer may obtain a pricereduction by retaining the digital content or service, or the consumer mayterminate the contract with a full refund in exchange for relinquishing thedigital content or service, if:
(1) The professional refuses to bringthe digital content or service into compliance;
(2) There is an undue delay in bringingthe digital content or service into compliance;
(3) The digital content or service cannotbe brought into compliance without cost to the consumer;
(4) Bringing the digital content orservice into compliance causes significant inconvenience to the consumer;
(5) The non-compliance of the digitalcontent or service persists despite the professional's unsuccessful attempt tobring it into compliance.
The consumer is also entitled to areduction in price or rescission of the contract where the lack of conformityis so serious as to justify immediate reduction in price or rescission of thecontract. The consumer is then not required to ask for the digital content orservice to be brought into conformity beforehand.
In cases where the lack of conformity isminor, the consumer is only entitled to cancel the contract if the contractdoes not provide for payment of a price.
Any period of unavailability of thedigital content or service for the purpose of bringing it back into compliancesuspends the warranty that was remaining until the digital content or serviceis provided in compliance again.
These rights resultfrom the application of articles L. 224-25-1 to L. 224-25-31of the Consumer Code.
A professional whoobstructs in bad faith the implementation of the legal guarantee of conformityis liable to a civil fine of up to 300,000 euros, which may be increased to 10%of the average annual turnover (Article L. 242-18-1 of the ConsumerCode).
The consumer alsobenefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of thedefect. This warranty entitles the consumer to a price reduction if the digitalcontent or service is retained, or to a full refund in exchange for the waiverof the digital content or service.
The User agrees touse the Application, the Site and/or the Services exclusively for personal use andnot to use the Application, the Site and/or the Services for professional,commercial or lucrative purposes (advertising, prospecting, etc.).
The User isresponsible for any use that is made of his Account and bears the consequencesof the loan or transfer of his login and password.
The User guaranteesthat the information he or she provides is accurate and true.
Any entry ofinaccurate information or use of a name that usurps the identity of a thirdparty, containing abusive, defamatory, violent, obscene or inappropriate wordsmay result in the immediate termination of the Account by OCHY.
The User undertakesto use the Application, the Website and/or the Services within the limits ofthe General Terms and Conditions and in accordance with their purpose, withoutinfringing the rights of third parties or of OCHY.
The User shallrefrain from using the Application for purposes that infringe the rights ofthird parties, for illicit, professional, profit-making purposes, or purposesthat are not in line with its purpose or that are contrary to OCHY's rights,including its intellectual property rights.
At OCHY's request, theUser undertakes to delete or modify any content that is contrary to the GeneralConditions and that he/she is the source of.
Any breach by theUser of the above commitments may result in the immediate termination of theaccount by OCHY and the immediate termination of the Services.
The purpose of theServices is to analyze the User's running technique and provide advice on howto improve it through several features.
The User acknowledgesthat the Services offered by the Company are intended to provide visibility onhis physical activity and to improve it, without guarantee of results.
The User acknowledgesand expressly agrees that he/she is fully and solely responsible for the use ofthe Services made available by the Company.
Under nocircumstances shall OCHY be liable for the quality, performance, or results ofthe User's use of the Services, and the User expressly acknowledges and agreesthat OCHY shall not be liable for any direct or indirect damages that mayresult from the use of the Services.
In addition, the Useracknowledges that the Services made available by the Company are in no wayintended to replace a medical consultation.
In case of doubtabout the possibility for the User to use the Services made available by OCHY, OCHYinvites the User to consult and obtain the prior opinion of a healthprofessional.
Furthermore, the Useracknowledges that :
- OCHY shall not beheld responsible for the compensation of direct and indirect damages sufferedby the User due to, in particular, direct or indirect misuse and/ornon-conforming use of the Application, the Site and/or the Services.
- OCHY shall not beheld liable if, for any reason beyond its control, the Application, the Websiteand/or the Services are partially or totally inaccessible, unavailable,interrupted or of poor quality, and in particular OCHY shall not be held liablefor any act or omission of a third party intervening in any capacity whatsoeverin the provision of the Application, the Website and/or the Services.
In order to benefitfrom the Services, the User must send a video to OCHY under the conditionsmentioned in article 4 of the present General Conditions.
The User thus consentsto the use of his/her image for the purposes of the execution of the Services.
However, no rightsattached to the User's image are transferred to OCHY, except with prior writtenauthorization.
If one or moreprovisions of the General Terms and Conditions should be declared null and voidby application of a law, a regulation or as a result of a final decision, theother provisions shall remain in force.
OCHY shall use itsbest efforts to replace them as soon as possible by valid stipulations.
The fact that OCHY hasnot required the application of any provision of the General Terms andConditions shall in no way be considered as a waiver of said provision.
In case ofdifficulty encountered with the Application, the User may contact OCHY from thededicated space of the Application provided for this purpose, by email at thefollowing address info@ochy.io or by telephone at 06 22 89 50 28.
OCHY is theexclusive owner of all intellectual property rights relating to the Site, theApplication and the Services.
The User is notauthorized to reproduce, exploit, or use in any way, even partially and in anyform whatsoever, the components of the Application and the Site.
The User undertakesnot to make any use of these elements, any total or partial reproduction beinglikely to constitute an infringement.
OCHY'sresponsibility cannot be implemented if the non-execution or thedelay in the execution of one of its obligations described in the present General Conditions resultsfrom a case of force majeure, as defined in article 1218 of the Civil Code andby the jurisprudence of the French judicial courts.
The present GeneralConditions are governed by French law.
In the event of adispute or claim, the User shall first contact OCHY in order to find anamicable solution, by e-mail at info@ochy.io or at the following address: 2 rue de la Mabilais35000 RENNES.
If the Parties donot find an amicable solution to the dispute or claim, the User may have hisrequest examined by a mediator whose contact details will be sent to him byOCHY.
- Corporate name: OCHY, asimplified joint stock company with a capital of 5,000 euros, registered at theRCS of Rennes under the number 901 855 296 and whose registered office islocated at 2 rue de la Mabilais 35000 RENNES FR93901855296
- Phone: +33 622 89 50 28
- Mail : info@ochy.io
- Intracommunity VAT number : FR93901855296
- Direction: Khaldon Evans
- Responsible for publication : PerrineChapot
- Site Host: Google CloudPlatform, Paris, France
The User is free tocontact OCHY by phone, email and mail at the contact details indicated above.
Subsection 1:Consumer Rights
ArticleL217-3 of the Consumer Code
The seller delivers a property thatconforms to the contract and to the criteria set forth in Article L. 217-5.
He answers for the defects ofconformity existing at the time of the delivery of the good in the sense of thearticle L. 216-1, which appear within two years as from this one.
In the case of a contract for the saleof goods with digital elements :
(1) Where the contract provides forthe continuous supply of digital content or a digital service for a period oftwo years or less, or where the contract does not specify the period of supply,the seller is liable for any lack of conformity of the digital content ordigital service that appears within two years of delivery of the goods;
(2) Where the contract provides forthe continuous supply of digital content or a digital service for a period ofmore than two years, the seller shall be liable for any lack of conformity ofthat digital content or digital service that appears during the period in whichit is supplied under the contract.
For such goods, the applicable timelimit does not deprive the consumer of his right to updates in accordance withthe provisions of Article L. 217-19.
The seller shall also be liable,within the same time period, for any lack of conformity resulting from thepackaging, the assembly instructions, or the installation when the latter hasbeen put at his charge by the contract or has been carried out under hisresponsibility, or when the incorrect installation, carried out by the consumeras provided for in the contract, is due to shortcomings or errors in theinstallation instructions provided by the seller.
This warranty period applies withoutprejudice to articles 2224 and following of the Civil Code. The starting pointof the limitation period for the consumer's action is the day of the consumer'sknowledge of the lack of conformity.
ArticleL217-4 of the Consumer Code
The property is in conformity with thecontract if it meets, among other things, the following criteria, ifapplicable:
1° It corresponds to the description,type, quantity and quality, particularly with regard to functionality,compatibility, interoperability, or any other characteristic provided for inthe contract;
2° It is fit for any special purposesought by the consumer, made known to the seller at the latest at the time ofthe conclusion of the contract and accepted by the latter;
3° It is delivered with allaccessories and installation instructions, to be provided in accordance withthe contract;
4° It is updated in accordance withthe contract sold under the conditions provided for in Articles 1641 andfollowing of the Civil Code.
ArticleL217-5 of the Consumer Code
I - In addition to the criteria ofconformity to the contract, the property is conforming if it meets thefollowing criteria:
1° It is fit for the use normallyexpected of goods of the same type, taking into account, where appropriate, anyprovisions of European Union and national law and all technical standards or,in the absence of such technical standards, specific codes of conductapplicable to the sector concerned;
2° Where applicable, it has thequalities that the seller presented to the consumer in the form of a sample ormodel before the conclusion of the contract;
(3) Where applicable, the digitalelements it contains are provided according to the most recent versionavailable at the time the contract is concluded, unless the parties agreeotherwise;
(4) If applicable, it is deliveredwith all accessories, including packaging, and installation instructions thatthe consumer may legitimately expect;
5° Where applicable, it is providedwith the updates that the consumer may legitimately expect, in accordance withthe provisions of Article L. 217-19 ;
6° It corresponds to the quantity,quality and other characteristics, including durability, functionality,compatibility and safety, that the consumer can legitimately expect for goods ofthe same type, taking into account the nature of the goods as well as publicstatements made by the seller, by any person upstream in the chain oftransactions, or by a person acting on their behalf, including in advertisingor on labelling.
II - However, the seller shall not bebound by any public statements mentioned in the preceding paragraph if hedemonstrates:
1° That he did not know them and wasnot legitimately in a position to know them;
(2) That at the time the contract wasentered into, the public statements had been corrected in a manner comparableto the original statements; or
3° That the public statements couldnot have influenced the purchase decision.
III - The consumer may not contest theconformity by invoking a defect relating to one or more particularcharacteristics of the goods, which he was specifically informed deviated fromthe criteria of conformity set out in this article, deviation to which heexpressly and separately consented at the time of the conclusion of thecontract.
ArticleL217-6 of the Consumer Code
Where, in the course of the contract, personal data areprocessed by the trader, a failure on his part to comply with his obligationsunder Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, where suchfailure results in non-compliance with one or more of the compliance criteriaset out in this section, shall be deemed to be a failure to comply, withoutprejudice to the other remedies provided for in these texts.
ArticleL217-7 of the Consumer Code
Defects of conformity which appearwithin twenty-four months of the delivery of the goods, including goods withdigital elements, shall, in the absence of proof to the contrary, be presumedto have existed at the time of delivery, unless this presumption isincompatible with the nature of the goods or of the defect claimed.
For used goods, this period is set attwelve months.
Where the contract for the sale ofgoods with digital elements provides for the continuous supply of digitalcontent or a digital service, any lack of conformity that appears at the timeof delivery of the goods shall be presumed to exist:
(1) During a period of two years fromthe delivery of the goods, when the contract provides for such supply for aperiod of two years or less or when the contract does not determine the periodof supply;
(2) During the period in which thedigital content or digital service is provided under the contract, where thecontract provides for such provision for a period of more than two years.
Article L217-8 of the Consumer Code
In case of lack of conformity, the consumer has the right tohave the goods repaired or replaced or, failing that, to have the price reducedor the contract rescinded, under the conditions set out in this sub-section.
Theconsumer also has the right to suspend payment of all or part of the price orthe delivery of the benefit provided for in the contract until the seller hasfulfilled his obligations under this chapter, in accordance with Articles 1219 and 1220 of theCivil Code.
Theprovisions of this chapter are without prejudice to the award of damages.
Article L217-9 of the Consumer Code
The consumer has the right to demand that the goods conformto the criteria set out in subdivision 1 of this section.
Theconsumer shall request the seller to bring the goods into conformity, choosingbetween repair and replacement. To this end, the consumer shall make the goodsavailable to the seller.
Article L217-10 of the Consumer Code
The goods shall be brought into conformity within a reasonableperiod of time, which may not exceed thirty days following the consumer'srequest and without major inconvenience to the consumer, taking into accountthe nature of the goods and the use to which they are put.
The repairor replacement of the non-conforming good includes, if necessary, the removaland return of the good and the installation of the repaired or replacement goodby the seller.
A decreespecifies the terms and conditions for bringing the goods into conformity.
Article L217-11 of the Consumer Code
The compliance of the good is done at no cost to theconsumer.
Theconsumer is not required to pay for the normal use of the replaced goods duringthe period prior to their replacement.
Article L217-12 of the Consumer Code
The seller may not proceed according to the choice made bythe consumer if the requested compliance is impossible or entailsdisproportionate costs with regard to, in particular:
1° Thevalue that the goods would have if there were no lack of conformity;
2° thesignificance of the lack of conformity; and
3° thepossibility of choosing the other option without major inconvenience to theconsumer.
The sellermay refuse to bring the goods into conformity if this is impossible or wouldentail disproportionate costs, particularly with regard to 1° and 2°.
When theseconditions are not respected, the consumer can, after formal notice, pursue theforced execution in kind of the solution initially requested, in accordance witharticles 1221 andfollowing of the Civil Code.
Any refusalby the seller to proceed according to the consumer's choice or to bring thegoods into conformity shall be motivated in writing or on a durable medium.
Article L217-13 of the Consumer Code
Any goods repaired under the legal guarantee of conformitybenefit from an extension of this guarantee of six months.
If theconsumer chooses to have the goods repaired, but the seller does not do so, thereplacement of the goods to bring them into conformity with the law shall giverise to a new period of legal warranty of conformity for the replaced goods.This provision applies from the day the replacement goods are delivered to theconsumer.
Article L217-14 of the Consumer Code
The consumer is entitled to a reduction in the price of the goodsor to rescission of the contract in the following cases:
1° When thetrader refuses to bring the goods into conformity;
2. Wherethe goods are brought into conformity after a period of thirty days followingthe consumer's request or if it causes him a major inconvenience;
3. If theconsumer definitively bears the cost of taking back or removing thenon-conforming goods, or if he bears the installation of the repaired orreplacement goods or the related costs;
4. If thenon-conformity of the goods persists despite the seller's attempt to bring theminto conformity without success.
Theconsumer is also entitled to a reduction in the price of the goods or torescission of the contract when the lack of conformity is so serious that itjustifies the reduction in price or the rescission of the contract beingimmediate. The consumer is then not obliged to ask for the repair orreplacement of the goods beforehand.
Theconsumer shall not be entitled to rescind the sale if the lack of conformity isminor, which the seller shall have the burden of proof. This paragraph shallnot apply to contracts in which the consumer does not pay a price.
Article L217-15 of the Consumer Code
In the cases provided for in Article L. 217-14, the consumer shall inform the seller of his decision toobtain a reduction in the price of the goods.
Thereduction in price is proportional to the difference between the value of thegoods delivered and the value of the goods in the absence of the lack of conformity.
Article L217-16 of the Consumer Code
In the cases provided for in Article L.217-14, the consumer shall inform the seller of his decision tocancel the contract. He returns the goods to the seller at the latter'sexpense. The seller shall reimburse the consumer the price paid and return anyother benefit received under the contract.
If the lackof conformity relates only to certain goods delivered under the sales contract,the consumer has the right to rescind the contract for all the goods, even thosenot covered by this chapter, if he cannot reasonably be expected to agree tokeep only the conforming goods.
Forcontracts mentioned in II of Article L. 217-1, providing for the sale of goodsand, as an accessory, the provision of services not covered by this chapter,the consumer has the right to rescind the entire contract. In addition, in thecase of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to rescind all the relatedcontracts.
Therespective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the resolution for thedigital contents and the digital services, are applicable to the resolution ofthe contract of sale of a good comprising digital elements.
Article L217-17 of the Consumer Code
The reimbursement to the consumer of the sums owed by theseller under this sub-section shall be made upon receipt of the goods or of theproof of their return by the consumer and at the latest within fourteen daysthereafter.
The seller shallreimburse these sums using the same means of payment as the one used by theconsumer to conclude the contract, unless the consumer expressly agreesotherwise and in any case without any additional cost.
2. WARRANTY FOR DEFECTS IN THE THING SOLD :
Article 1641 of the Civil Code
The seller is bound by the warranty for latent defects in thething sold which render it unfit for the purpose for which it was intended, orwhich so diminish that use that the buyer would not have acquired it, or wouldhave given only a lesser price, if he had known of them.
Article 1642 of the Civil Code
The seller is not liable for apparent defects of which thebuyer could convince himself.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he did not knowabout them, unless, in this case, he has stipulated that he will not be obligedto any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and havingthe price returned, or keeping the thing and having part of the price returned.
Article 1645 of the Civil Code
If the seller was aware of the defects of the thing, he isbound, in addition to the restitution of the price he received, to pay alldamages to the buyer.
Article 1646 of the Civil Code
If the seller was unaware of the defects of the thing, hewill only be held to the restitution of the price, and to reimburse to thebuyer the expenses caused by the sale.
Article 1647 of the Civil Code
If the thing that had defects has perished because ofits bad quality, the loss is for the seller, who will be obliged towards thebuyer to return the price and the other compensations explained in the twoprevious articles.
But the loss arrived by fortuitous case will be forthe account of the buyer.
Article 1648 of the Civil Code
The action resulting from redhibitory defects must bebrought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1,the action must be brought, on pain of foreclosure, within one year of the dateon which the seller may be relieved of the defects or apparent lack ofconformity.
Article 1649 of the CivilCode
It does not take place in sales madeby judicial authority.