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Legal guarantees

To be reviewed by a legal professional before going live. This English version is a translation provided for convenience only; in case of discrepancy, the French version prevails. All WhatDaFace products benefit from the legal guarantee of conformity and the guarantee against hidden defects, including when they are personalised and therefore not subject to a right of withdrawal.

Statutory information: legal guarantee of conformity and guarantee against hidden defects (unofficial translation)

The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without significant inconvenience to the consumer.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if:

1° the trader refuses to repair or replace the goods;

2° the repair or replacement of the goods takes place after a period of thirty days;

3° the repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4° the lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction of the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required to request the repair or replacement of the goods first.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilised for repair or replacement suspends the remaining guarantee period until the restored goods are delivered.

The rights mentioned above result from Articles L. 217-1 to L. 217-32 of the French Consumer Code (Code de la consommation).

A seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code (Code civil), for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.

Guarantee against hidden defects

Article 1641 of the French Civil Code: the seller is bound by a guarantee against hidden defects of the thing sold which make it unfit for its intended use, or which so reduce that use that the buyer would not have acquired it, or would only have paid a lower price, had they known of them.

Article 1644 of the French Civil Code: in the event of a hidden defect, the buyer may choose either to return the thing and have the price refunded, or to keep the thing and have part of the price refunded.

Article 1648, paragraph 1, of the French Civil Code: the action arising from hidden defects must be brought by the buyer within two years of discovering the defect.

In practice at WhatDaFace

The legal guarantees cover in particular:

  • a printing defect (stains, missing areas, significant misalignment of the pattern, a face different from the one approved);
  • a manufacturing defect (undone seam, cracked mug, ill-fitting phone case, etc.);
  • an item damaged on arrival;
  • an item that does not match the order (different product, size or colour).

What is not, in principle, a defect

The following do not, in principle, constitute a lack of conformity: slight colour variations between the screen and the product, slight cropping or shifting of the pattern at edges, seams or folds, which are inherent to made-to-order production and described in the terms and conditions of sale; a result reflecting the quality of a photo flagged as insufficient before ordering; normal wear and tear or damage caused by not following the care instructions. These clarifications apply without prejudice to statutory provisions.

How to make a claim

Write to us at [TO BE COMPLETED: contact email] with:

  • your order number;
  • a description of the problem;
  • photos showing the defect and, for transport damage, the parcel's packaging and label.

How we handle your claim

We reply as quickly as possible. Conformity is restored free of charge: as the item is personalised and generally cannot be repaired, we make it again and send it to you; if replacement is impossible or in the other cases provided by law, you may obtain a price reduction or a refund. If we need the item back, we tell you how to return it and cover the return costs.

We recommend contacting us as soon as you notice the problem and, for transport damage, ideally within 30 days of receipt. This indicative period does not shorten the two-year legal periods.

If a dispute persists, you may use the consumer mediator free of charge: [TO BE COMPLETED: consumer mediator name] — [TO BE COMPLETED: mediator website] (see Article 12 of the terms and conditions of sale: https://preprod.whatdaface.com/en/legal/cgv).