In accordance with the general terms and conditions of sale, the "Casteels" product guarantee is one (1) year from the date of delivery. This guarantee is limited to the partial or complete replacement of products that the Seller recognises as defective. No damages may be claimed against the Seller.
Failure to comply with the rules of use, if any, contained in the Seller's or manufacturer's documentation and assembly, by an unqualified person, installation or use of products without complying with the instructions, if any, shall exempt the Seller from any liability. Returns of goods, accepted by the Seller, shall be made at the Buyer's expense and the goods must be returned in their original condition and packaging. The Seller shall not be held liable for any guarantees which may be given by the Buyer in connection with its relations with its own customers (consumers or professionals).
Apparent defects must be reported by registered letter to the Seller within three (3) calendar days of delivery at the latest, failing which the Buyer’s rights shall be forfeited. In the event of any defect, the product shall be repaired or replaced, unless this is impossible or disproportionate. In this case, a price reduction, ultimately decided by the Seller, shall be applied, which may be limited to take into account the Buyer's use of the product. Where appropriate, the reimbursement to the Buyer shall be reduced to take into account the use that the Buyer has had of the product since its delivery.
Tools manufactured by SBV are covered by a lifetime guarantee, except for the exclusions defined below, which Casteels France guarantees for 10 years.
Any claim to the SBV guarantee shall be made upon the simple return of the defective item (shipping costs at customer’s expense) to the Seller's head office. The item must not be disassembled and must be accompanied by proof of purchase (a copy of the original invoice). Depending on the problem encountered, if the guarantee is accepted, the product concerned shall be either repaired or replaced by the same or equivalent product and returned to the customer free of charge. If the product is excluded from the guarantee, a commercial offer shall be proposed.
Consumables (e.g. screwdriver bits, cutter blades, batteries, etc.) and parts of certain products subject to normal wear and tear as a result of their use (e.g. drill bits, striking chisels, etc.). However, the blade of a striking chisel, for example, is covered by the guarantee if the blade breaks.
This guarantee does not cover the following situations:
Notwithstanding the guarantee thus granted, SBV shall remain liable for any lack of conformity of the goods with the contract and for hidden defects under the conditions provided for in Articles 1641 to 1649 of the French Civil Code. In accordance with the provisions of Article L.211-15 of the French Consumer Code, Articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, Article 1641 of the French Civil Code and the first paragraph of Article 1648 of the French Civil Code are reproduced below:
Article L.211-4 of the French Consumer Code: “The Seller is required to deliver a product which conforms to the contract and is held liable for any defects existing upon delivery. The Seller shall also be liable for any defects caused as a result of the packaging, assembly instructions or installation instructions if the Seller is contractually required to package, assemble or install the product or if the product is packaged, assembled or installed under its responsibility."
Article L.211-5 of the French Consumer Code: “In order to comply with the contract, the product must:
1) Be fit for use in the manner usually expected of a similar product and, where applicable: - correspond to the description given by the Seller and have the qualities described by the Seller to the Buyer in the form of a sample or model; - have the qualities which a Buyer can legitimately expect in view of the public statements made by the Seller, the producer or its representative, particularly in an advert or on the label;
2) Or have the characteristics jointly defined by the parties or be fit for any specific use sought by the Buyer, which is brought to the Seller’s attention and accepted by the latter.”
Article L.211-12 of the French Consumer Code: “Legal action concerning a product defect must be taken within two years of delivery of the product.”
Article 1641 of the French Civil Code: “The Seller is required to provide a guarantee against any hidden defects affecting the item sold which render the item unfit for the purpose for which it is intended, or which impair such use to such an extent that the Buyer would not have purchased the item or would have paid less for the item had they been aware of the defects.”
Article 1648, paragraph 1 of the French Civil Code: “Action resulting from hidden defects must be taken by the Buyer within two years of discovery of the defect.”