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Conditions of sale in Réméré
This sale is subject to article 1659 of the Civil Code, according to which:
“The right to repurchase is a pact by which the seller reserves the right to take back the thing sold, in return for the restitution of the principal price and the reimbursement referred to in article 1673”
It cannot under any circumstances be assimilated to a credit transaction.
The seller may take back the parts or accessories for a period of 30 days from the signing of these presents, it being specified that if the expiration date corresponds to a public holiday or a day when the purchaser's store is closed, this date will be postponed to the next working day.
The right of recovery must be exercised in the following manner:
The seller will appear, during normal store opening hours, personally, at the place where he sold his goods, provided with a valid identity document and the original of the copy which he has been released from this contract.
The seller will return the entire sale price to the cash buyer, through any payment offered (transfer).
In the absence of the seller exercising his right to repurchase, the goods will remain the exclusive and definitive property of the buyer who may dispose of them as he sees fit without the seller being able to claim any right under the goods.
If the promisor cannot ensure the sale of the property at the time when the beneficiary wishes to exercise his right to purchase within the promise period (30 days), he will be liable to the beneficiary, as a penalty clause, for compensation set at 20% of the initial sale price.
Any dispute relating to the contract will, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Créteil commercial court.
“The seller who uses the repurchase pact must reimburse not only the main price, but also the expenses and loyal costs of the sale, the necessary repairs, and those which have increased the value of the fund, up to this increase. He can only enter into possession after having fulfilled all these obligations. »
Extract from article 1659 of the Civil Code.