Legal notices

Article 17.  Product Warranties

17.1. Legal guarantees

The Customer who concludes the sales contract as a consumer benefits from the legal guarantees (guarantee of conformity of the products to the contract under the conditions of articles L.217-4 et seq. of the Consumer Code and guarantee of hidden defects of the thing sold under the conditions provided for in articles 1641 et seq. of the Civil Code) provided for by the legislation in force.

Mandatory information  :

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 1642  of the Civil Code "  The seller is not liable for apparent defects of which the buyer has been able to convince himself  ".

Article 1643  of the Civil Code "  He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.  ".

Article 1644  of the Civil Code "  In the case of articles 1641 And 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.  ".

Article 1645  of the Civil Code "  If the seller knew of the defects in the item, he is liable, in addition to the restitution of the price he received, for all damages and interest to the buyer.  ".

Article 1646  of the Civil Code "  If the seller was unaware of the defects in the item, he will only be required to return the price and reimburse the purchaser for the costs incurred by the sale.  ".

Article 1647  of the Civil Code "  If the thing which had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensation explained in the two preceding articles. But the loss occurring by fortuitous event will be for the account of the buyer.  ".

Article 1648 of the Civil Code, paragraph 1 " The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.  ".

Article L. 217-3 of the Consumer Code  : " The seller delivers goods that comply with the contract and the criteria set out in Article L. 217-5. It is liable for defects of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of this delivery.In the case of a contract for the sale of goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for any lack of conformity of this digital content or this digital service which appears within a period of two years from the delivery of the goods;

2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller shall be liable for any lack of conformity of this digital content or this digital service which appears during the period during which it is supplied under the contract.

For such goods, the applicable deadline does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19. The seller is also liable, during the same deadlines, for defects in conformity resulting from the packaging, assembly instructions, or installation when this has been placed at his expense by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions provided by the seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.  ".

Article 2224 of the Civil Code  : "  Personal or movable actions are subject to a limitation period by five years from the day on which the holder of a right knew or should have known the facts enabling him to exercise it  ".

Article L. 217-4 of the Consumer Code  : " The property complies with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;

4° It is updated in accordance with the contract  ".

Article L. 217-5 of the Consumer Code "  I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria: 1° It is suitable for the use normally expected of a good of the same type, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned; 2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract; 3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise; 4° Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect; 5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19; 6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II. However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates: 1° That he was not aware of them and was not legitimately in a position to be aware of them; 2° That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or 3° That the public statements could not have had an influence on the purchasing decision. III. The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract  ".

Article L217-6  of the Consumer Code "  When, during the contract, personal data is processed by the professional, a failure on his part to fulfil his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, provided that this failure results in non-compliance with one or more of the compliance criteria set out in this section, is considered a lack of conformity, without prejudice to other remedies provided for by these texts.  ".

Article L217-7  of the Consumer Code " Any lack of conformity that appears within twenty-four months of delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the alleged defect. For second-hand goods, this period is set at twelve months.Where the contract for the sale of a good containing digital elements provides for the continuous supply of digital content or a digital service, defects of conformity which appear: 1° During a period of two years from the delivery of the good, where the contract provides for this supply for a period of less than or equal to two years or where the contract does not determine the duration of supply; 2° During the period during which the digital content or the digital service is provided under the contract, where the contract provides for this supply for a period exceeding two years  ".

Article L217-8  of the Consumer Code "  In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement or, failing that, to a reduction in the price or to terminate the contract, under the conditions set out in this subsection. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, under the conditions of Articles 1219 and 1220 of the Civil Code. The provisions of this chapter are without prejudice to the award of damages.  ".

Article L217-9  of the Consumer Code "  The consumer is entitled to demand that the goods be brought into conformity with the criteria set out in subsection 1 of this section. The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller  ".

Article L217-10  of the Consumer Code " The goods shall be brought into conformity within a reasonable period of time which may not exceed thirty days following the consumer's request and without major inconvenience to the consumer, taking into account the nature of the goods and the intended use by the consumer. The repair or replacement of non-compliant goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller. A decree shall specify the terms and conditions for bringing the goods into conformity.  ".

Article L217-11  of the Consumer Code " The conformity of the good takes place at no cost to the consumer. The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.  ".

Article L217-12  of the Consumer Code " The seller may not proceed according to the consumer's choice if the requested compliance is impossible or entails disproportionate costs, particularly with regard to: 1° The value that the good would have in the absence of a lack of conformity; 2° The significance of the lack of conformity; and 3° The possible possibility of opting for the other choice without major inconvenience for the consumer. The seller may refuse to bring the good into conformity if this is impossible or entails disproportionate costs, particularly with regard to 1° and 2°. When these conditions are not met, the consumer may, after formal notice, pursue specific performance of the initially requested solution, in accordance with Articles 1221 et seq. of the Civil Code. Any refusal by the seller to proceed according to the consumer's choice or to bring the good into conformity must be justified in writing or on a durable medium.  ".

Article L217-13  of the Consumer Code "  Any good repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee. If the consumer chooses to have the repair carried out but it is not carried out by the seller, the replacement of the good will bring the legal guarantee of conformity attached to the replaced good into effect for the consumer. This provision applies from the day the replacement good is delivered to the consumer.


Article L217-14  of the Consumer Code The consumer is entitled to a reduction in the price of the good or to the termination of the contract in the following cases: 1° When the professional refuses any compliance; 2° When compliance occurs after a period of thirty days following the consumer's request or if it causes him major inconvenience; 3° If the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the installation of the repaired or replacement good or the related costs; 4° When the non-conformity of the good persists despite the seller's unsuccessful attempt to bring it into conformity. The consumer is also entitled to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. The consumer is then not required to request the repair or replacement of the good beforehand. The consumer is not entitled to the termination of the sale if the lack of conformity is minor, which it is the seller's responsibility to demonstrate. This paragraph does not 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 informs the seller of his decision to obtain a reduction in the price of the good. The price reduction is proportional to the difference between the value of the good delivered and the value of this good 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 informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter's expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract. If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all the goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the conforming goods. For the contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, as an ancillary measure, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto. The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements.  ".

Article L217-17  of the Consumer Code : "  Reimbursement to the consumer of the amounts owed by the seller under this subsection shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within fourteen days thereafter. The seller shall reimburse these amounts using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed otherwise by the latter and in any event without additional costs.  ".

The Customer (having the status of consumer) benefits from a legal guarantee of conformity for a period of two years from delivery of the goods (article L. 217-3 of the consumer code).

This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point for the limitation period for the consumer's action is the day on which the latter becomes aware of the lack of conformity.

In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity by repair or replacement, subject to the cost conditions provided for in Article L 217-12 of the Consumer Code, or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in Article 217-14 of the Consumer Code. The consumer also has the right to suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under the legal guarantee of conformity, under the conditions of Articles 1219 and 1220 of the Civil Code.

Unless this presumption is incompatible with the nature of the goods or the alleged defect, the consumer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods except for second-hand goods, for which this exemption is valid for twelve months (article L.217-7 of the consumer code).

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The buyer benefits from a period of two years from the discovery of the defect  to implement the legal guarantee against hidden defects. The duration of this guarantee is limited to 20 years from the date of purchase.

To implement the legal guarantee of non-conformity or hidden defect, the Buyer must send any complaint to the Seller at the following address:  :

Mailing address  : 13 golden quarry, 59310 Orchies

Email address  : contact@kube-kuchen.fr

Phone number  : 03 20 59 53 56

Telephone hours  : Monday to Friday from 9:00 a.m. to 5:30 p.m.

No hotline is provided on Sundays and public holidays.

Legal guarantees apply independently of the commercial guarantee.

For any claim, the consumer must present the paid purchase invoice and any supporting documents. Products covered by the guarantees must, where applicable, be returned complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

If the product meets the warranty conditions, the Seller will cover the return costs.

17.2.Manufacturer's warranties

Some products may benefit from a manufacturer's warranty under the conditions indicated in the product sheet.

Commercial guarantees relating to products are therefore directly linked to the manufacturer of these products.

The Customer should refer to the relevant notices. The Customer can consult the product description sheet on the website, and click on the link to the supplier's website for more information.

Presentation of the paid purchase invoice will be required when the warranty is invoked.

If the paid purchase invoice is not presented, the manufacturer's warranty will not apply.

Kube Outdoor brand furniture  are guaranteed for 5 years. In the event that the Customer calls on the Seller to install the furniture, the warranty covers defective parts, labor and travel. In the event that the Customer carries out the installation themselves, the warranty does not cover labor or travel.

Kube Outdoor brand worktops  are guaranteed for 10 years. In the event that the Customer calls on the Seller to install the worktop, the warranty covers defective parts, labor and travel.

If the Customer carries out the installation himself, the warranty does not cover labor or travel.

In the event of non-compliance, the Seller's commitment regarding Kube Outdoor furniture and worktops  is limited to the repair or exchange of parts recognized as defective after analysis and handling by the after-sales service.

In case of unavailability, a similar product will be provided for exchange.

Regarding other furniture, the Customer is invited to refer to their instructions and the manufacturers' warranty conditions.

It is recalled that the preceding provisions are not exclusive of the application of the applicable legal guarantees.

Exclusions

Without limitation, damage, defects, faults and deterioration caused by force majeure, theft, natural disaster, fire, etc., fault of the Customer or a third party, failure to comply with instructions or standards, defects and deterioration caused by an external accident, incorrect use, improper maintenance/lack of maintenance, improper or abnormal use or handling, abnormal storage, poor protection of the devices, by circumstances harmful to the goods supplied or by a modification of the products not foreseen or specified by the Seller, are notably excluded from the guarantee and liability of the Seller.

The following are excluded from the guarantee:

  • Damage, defects, faults and deterioration linked to excess heat (stain, swelling, deformation, burning),
  • Damage, defects, faults and deterioration of an aesthetic nature, in particular slight discoloration linked to UV exposure on the compact range,
  • Damage, defects, faults and deterioration of an aesthetic nature such as scratches, scrapes, flaking, coloring from an external support,
  • Damage, defects, faults and deterioration linked to the use of unsuitable products such as detergents, corrosive and/or abrasive products which may damage the guaranteed outdoor product (stains, marks, halo, corrosion),
  • Damage, defects, faults and deterioration linked to non-compliance with the Seller's recommendations and the applicable rules of the art regarding installation in the event of installation by the customer,
  • Damage, defects, faults and deterioration linked to non-compliance with the requirements imposed by water, gas and electricity distribution bodies,
  • Damage, defects, faults and deterioration linked to renovation or rehabilitation work carried out by the customer (or by a third party): masonry, tiling, carpentry and any other major work,
  • Damage, defects, faults and deterioration caused by thermal shock to outdoor cooking plates, particularly when they are heated to white heat and cooled with a lot of ice.

Please note that protecting your summer kitchen is essential. The Customer therefore agrees to comply with the Seller's recommendations and standards.

It is particularly recalled that outdoor products must be installed under cover for the guarantee to be applicable (pool house, pergola, etc.).

Similarly, the Customer may not validly invoke the guarantee in the event that the Customer and/or any other person has worked on the goods without the Seller's agreement.

To benefit from the warranty, all merchandise must be properly owned by the Customer. The paid purchase invoice must be presented. The Seller reserves the right to request the production of photographs or videos from the Customer at any time.

Article 18. Guarantees relating to installation services carried out

In the event that the Customer calls upon the Seller to install the contractual products, the latter guarantees the work provided in accordance with legal provisions.

The Seller is required, depending on the nature of the work and if the legal conditions are met:

  • From the ten-year guarantee, relating to the “  damage, even resulting from a defect in the ground, which compromises the solidity of the structure or which, affecting one of its constituent elements or one of its equipment elements, makes it unfit for its intended purpose  ", for a period of 10 years from the acceptance of the works.

The presumption of liability established by the article 1792 also extends to damage which affects the solidity of the equipment elements of a structure, but only when these are inseparably linked to the viability, foundation, framework, enclosure or roofing works.

An item of equipment is considered to be an inseparable part of one of the viability, foundation, framework, enclosure or roofing works when its removal, dismantling or replacement cannot be carried out without deterioration or removal of material from this work.

  • From the guarantee of proper functioning of the other equipment elements of the work for a period of two years from receipt of the equipment concerned, under the conditions provided for in article 1792-3 of the civil code.
  • From the perfect completion guarantee (GPA), a legal guarantee lasting one year from receipt, under the conditions provided for in article 1792-6 of the Civil Code.