Terms & Conditions
These general conditions of sale apply to all sales made on the CHMPS ?! PARISSE Website.
The website https://chmps-parisse.com is a service of:
AKS GOBAL SAS
Headquarters located at 34 avenue des Champs Elysées, 75008 Paris - FRANCE
Site URL: https://chmps-parisse.com
Phone number: +33149573176
The CHMPS ?! PARISSE website markets the following products: Fashionable clothing and accessories.
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.
ARTICLE 1 - PRINCIPLES
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
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.
They are accessible on the CHMPS? Website! PARISSE and will prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
These general conditions of sale are valid until December 31, 2021.
ARTICLE 2 - CONTENT
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the CHMPS? Website! PARISSE.
These conditions only apply to purchases made on the CHMPS? Site! PARISSE and delivered exclusively in metropolitan France or Corsica. For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address: email@example.com.
These purchases concern the following products: Clothing and fashion accessories.
ARTICLE 3 - PRE-CONTRACTUAL INFORMATION
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the property;
- the price of the good and / or the method of calculating the price;
- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;
- in the absence of immediate execution of the contract, the date or the deadline by which the seller undertakes to deliver the goods, whatever its price;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.
ARTICLE 4 - THE ORDER
The buyer has the option of placing his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally confirm the payment method.
The sale will be considered final:
- after sending the buyer confirmation of acceptance of the order by the seller by email;
- and after receipt by the seller of the full price.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question related to the follow-up of an order, the buyer can call the customer service number: +33149573176, at the following days and hours: Monday to Friday, from 11am to 6pm, or send an email to the seller at the following email address: firstname.lastname@example.org or via the form on the contact page.
ARTICLE 5 - ELECTRONIC SIGNATURE
The online provision of the buyer's credit card number and the final validation of the order will be proof of the buyer's agreement:
- exigibility of the sums due under the purchase order;
- signature and express acceptance of all operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noticed, to contact the seller at the following telephone number: +33149573176 or via the form on the contact page. We will then take the necessary measures as soon as possible.
ARTICLE 6 - ORDER CONFIRMATION
The seller provides the buyer with an order confirmation by e-mail.
ARTICLE 7 - PROOF OF THE TRANSACTION
The computerized registers, kept in the seller's computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable support that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION
The products governed by these terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented as accurately as possible. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
ARTICLE 9 - PRICE
The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability at that date.
Prices are indicated in euros. They do not take into account the delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the products.
ARTICLE 10 - METHOD OF PAYMENT
It is an order with an obligation of payment, which means that the placing of the order implies a payment by the buyer.
To settle his order, the buyer has, at his choice, all the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
The payment of the price is carried out in totality at the day of the order, according to the following methods:
- Credit Card via Stripe.
- Payment in Bitcoin via Coinbase Commerce.
ARTICLE 11 - AVAILABILITY OF PRODUCTS - REFUND - RESOLUTION
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, delivery times will be, within the limits of available stocks, those indicated below. Delivery times start from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the delivery time is from 2 to 5 days from the day following the day the buyer placed his order, according to the following terms and conditions: Express delivery by UPS. At the latest, the delay will be 30 working days after the conclusion of the contract.
For deliveries in French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis.
In the event of failure to comply with the agreed delivery date or delivery time, the buyer shall, before breaking the contract, pay the agreed price.
In the absence of execution at the end of this new deadline, the buyer may freely terminate the contract.
The purchaser must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
However, the purchaser may immediately terminate the contract if the dates or deadlines mentioned above constitute an essential condition of the contract for him.
In this case, when the contract is cancelled, the seller is obliged to reimburse the buyer for the totality of the sums paid, at the latest within 14 days following the date on which the contract was cancelled.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The purchaser will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
ARTICLE 12 - TERMS OF DELIVERY
Delivery means the transfer of physical possession or control of the goods to the consumer. The products ordered are delivered according to the methods and time specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the purchaser is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the parcel to be collected at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receipt of the item(s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions ...).
ARTICLE 13 - DELIVERY ERRORS
The buyer must make to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
The complaint may be made, at the choice of the buyer:
- by phone at the following number: +33149573176 ;
- by e-mail at the following address: email@example.com.
Any complaint not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from any liability towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
The return costs are at the expense of the buyer.
ARTICLE 14 - PRODUCT WARRANTY
14-1 Legal guarantee of conformity
The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is reminded that :
- the buyer has a period of 2 years from the delivery of the good to act;
- the purchaser may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code.
- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of used goods), following the delivery of the good.
14-2 Legal warranty for hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is liable for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of the sale of the property and are of such a nature as to render the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.
The buyer may choose between cancellation of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order to return any item that does not suit him and request an exchange without penalty, except for the return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the willingness to withdraw.
The return costs are at the expense of the buyer.
The exchange (subject to availability) will be made within 2 days, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided for above.
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :
- of supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of the spare parts and work strictly necessary to meet the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the supply of digital content not supplied on a physical medium, the performance of which has begun after the consumer's express prior consent and express renunciation of his right of withdrawal.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exoneration of the parties' obligations and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, floods, earthquakes, fires, storms, floods, floods, etc..
The parties will come together to examine the impact of the event and to agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
Article 18 - Information Technology and Liberties
The nominative data provided by the buyer are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the CHMPS?! website is subject to the following conditions. PARISSE has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the CHMPS ?! website. PARISSE.
Article 19 - Partial non-validation
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
Article 20 - Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party to any of the obligations referred to in these general conditions can not be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
The present general conditions of sale are written in French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer may have recourse to conventional mediation, in particular with the Commission for Consumer Mediation or with existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute. The mediator's name, contact information and e-mail address are available on our site.
In accordance with Article 14 of Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
The present general conditions are subject to the application of French law. The competent court is the court of law.
The same applies to the rules of substance as to the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data collected on this site are as follows:
- account opening: during the creation of the user's account, the user's name; first name; e-mail address; telephone number; postal address ;
- connection: when the user connects to the website, it records, in particular, his name, surname, first name, connection data, use, location and payment data;
- profile: the use of the services provided on the website allows the user to fill in a profile, which may include an address and a telephone number;
- payment: in the context of payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored;
- cookies: cookies are used in connection with the use of the website. The user has the possibility to disable cookies from the settings of his browser.
Use of personal data
The personal data collected from users is used to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user ;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services ;
- verification, identification and authentication of the data transmitted by the user;
- offering the User the possibility to communicate with other Users of the Website;
- implementation of user assistance;
- personalization of the services by displaying advertisements based on the user's browsing history, according to the user's preferences;
- prevention and detection of fraud, malware (malicious software or malicious software) and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, according to the user's preferences.
Sharing of personal data with third parties
Personal data may be shared with third party companies in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation with third party banking and financial companies with which it has contracted ;
- when the user publishes, in the free comment areas of the website, information accessible to the public;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, in the context of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the website may carry out the transmission of data in order to pursue claims against the website and to comply with administrative and judicial procedures ;
- if the website is involved in a merger, acquisition, disposal of assets or receivership proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and Confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In application of the regulations applicable to personal data, users have the following rights, which they may exercise by sending a request to the following address: firstname.lastname@example.org.
THE RIGHT OF ACCESS: THEY MAY EXERCISE THEIR RIGHT OF ACCESS, TO KNOW THE PERSONAL DATA CONCERNING THEM. IN THIS CASE, BEFORE IMPLEMENTING THIS RIGHT, THE WEBSITE MAY REQUEST PROOF OF THE USER'S IDENTITY IN ORDER TO VERIFY ITS ACCURACY.
THE RIGHT OF RECTIFICATION: IF THE PERSONAL DATA HELD BY THE WEBSITE IS INACCURATE, THEY MAY REQUEST THAT THE INFORMATION BE UPDATED.
THE RIGHT TO DELETE DATA: USERS MAY REQUEST THE DELETION OF THEIR PERSONAL DATA, IN ACCORDANCE WITH APPLICABLE DATA PROTECTION LAWS.
THE RIGHT TO LIMIT PROCESSING: USERS MAY ASK THE WEBSITE TO LIMIT THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH THE ASSUMPTIONS PROVIDED FOR BY THE RGPD.
THE RIGHT TO OBJECT TO THE PROCESSING OF DATA: USERS MAY OBJECT TO THE PROCESSING OF THEIR DATA IN ACCORDANCE WITH THE HYPOTHESES PROVIDED FOR BY THE RGPD.
THE RIGHT TO PORTABILITY: THEY CAN REQUEST THAT THE WEBSITE GIVES THEM THE PERSONAL DATA PROVIDED TO IT TO BE TRANSFERRED TO A NEW WEBSITE.
Evolution of this clause
The website reserves the right to make any changes to the present clause on the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
(to be completed by the consumer,
and to be sent by registered letter with acknowledgement of receipt,
within a maximum of 14 days from the date of conclusion of the service contract)
WITHDRAWAL FORM FOR THE ATTENTION OF: AKS GLOBAL LOCATED AT: 34 AVENUE DES CHAMPS ELYSÉES, 75008 PARIS TELEPHONE NO.: 0149573176 EMAIL ADDRESS: CHAMPARISWORLDWIDE@GMAIL.COM I HEREBY NOTIFY YOU OF MY WITHDRAWAL FROM THE CONTRACT ON....................., ORDERED ON: ......... FIRST NAME AND SURNAME OF THE CONSUMER: ................. ADDRESS OF THE CONSUMER : ................. DATE : .................. SIGNATURE OF THE CONSUMER
Article L. 217-4: "The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility".
Article L. 217-5: "The good is in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter".
Article L. 217-6: "The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them".
Article L. 217-7: "Defects of conformity which appear within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L. 217-8: "The buyer is entitled to demand the conformity of the goods to the contract. He may not, however, contest conformity by invoking a defect that he knew or could not have been unaware of when he entered into the contract. The same applies when the defect has its origin in the materials which he himself has supplied".
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods; however, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the importance of the defect. He is then bound to proceed, unless it is impossible, according to the method not chosen by the buyer."
Article L. 217-12: "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods".
Article L. 217-13: "the provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law".
Article L. 217-14: "The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.
Article L. 217-15: "The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the good or provision of any other service in relation to the good, in addition to his legal obligations to guarantee the conformity of the good.
The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope and the name and address of the guarantor.
In addition, it states clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of them".
Article L. 217-16: "When the purchaser asks the seller, during the course of the commercial guarantee which was granted to him at the time of the acquisition or the repair of a movable good, for a restoration 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 date of the buyer's request for intervention or from the date of making the goods in question available for repair, if this availability is subsequent to the request for intervention.
Article 1641: "The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them".
Article 1648: "The action resulting from redhibitory defects must be brought by the purchaser, within two years from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller may be discharged from the apparent defects or defects of conformity".