In addition to the legal warranties that may apply (i.e., for sales subject to French law, the guarantee of conformity governed by articles L217-4 to L217-12 of the French Consumer Code and the guarantee of hidden defects governed by articles 1641 to 1648 and 2232 of the French Civil Code), Kern offers its customers a 2-year warranty.
Kern Warranty Conditions:
This warranty is extended to customers who have purchased Kern jewelry.
Documents to be submitted to benefit from the guarantee :
In order to benefit from the guarantee, the customer must hand in the jewel to Kern. The customer must also accompany the delivery of his jewel with the certificate of authenticity duly completed, dated and signed at the time of purchase and the purchase invoice.
Shipping costs are at the customer’s expense and include postage, insurance and packaging.
Duration of the guarantee :
Kern warrants its jewelry against defects in materials and workmanship for a period of 2 (two) years from the date of purchase.
At the end of the two-year period, any repair or replacement will be charged.
Services covered :
After checking the condition of the jewelry and the validity of the application of this warranty, Kern will repair it free of charge within a reasonable period of time after the jewelry is returned.
Once the jewel is repaired, the customer is informed that his jewel is ready to be sent to his home.
In case of repair :
The repaired jewel will be guaranteed for one year (or for the remaining period of the two-year guarantee)
Exclusion of warranty :
The warranty does not apply in the following cases :
– normal wear and tear or ageing of the jewellery.
– abnormal use of the jewel (examples : shocks, crushing, falls…).
– failure to follow the advice on the use and care of the jewellery and any negligence or defect in the care, supervision, transport or storage of the jewellery.
– jewelry that has been lost, stolen, or subject to any other event beyond the control of Kern, such as fire.
– jewelry that has undergone any transformation or intervention, repair or disassembly by an unauthorized third party (i.e. other than by the Kern workshop)
Provisions relating to legal guarantees applicable to sales subject to French law :
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article L217-4 of the Consumer Code
The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
The property is in conformity with the contract:
(1) whether it is fit for the use ordinarily expected of similar property and, if so :
– 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;
– it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-16 of the Consumer Code
Where the buyer asks the seller, during the period of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer’s request for action or from the time the goods in question are made available for repair, if this is after the request for action. “