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MULTIMEDIA PRODUCT USE LICENCE
PLEASE CAREFULLY READ THIS AGREEMENT (THE "LICENCE") BETWEEN YOU (THE "USER") AND BIGBEN INTERACTIVE SA ("BIGBEN INTERACTIVE") BEFORE DOWNLOADING AND USING THE GAME IN ANY WAY, INCLUDING THE SOFTWARE, ITS DOCUMENTATION, OR ANY OTHER DIGITAL MEDIA, AS WELL AS ANY OTHER ELEMENTS RELATING THERETO (COLLECTIVELY REFERRED TO AS THE "MULTIMEDIA PRODUCT").
TICKING THE "I ACCEPT" BOX (CLICK-WRAP), AS WELL AS COMMENCING ANY DOWNLOAD AND / OR USE IN ANY WAY OF THE MULTIMEDIA PRODUCT WILL BE DEEMED ACCEPTANCE BY THE USER OF THE LICENSE. IF THE USER REJECTS THE TERMS OF THE LICENCE, HE MAY NOT DOWNLOAD AND / OR USE THE MULTIMEDIA PRODUCT IN ANY WAY.
THE PROVISIONS OF THIS LICENCE ARE SUBJECT TO THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, WHICH MAY GRANT SPECIFIC RIGHTS TO THE USER.
1. Licence
Bigben Interactive grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, allowing him to download and use the Multimedia Product for the term of legal copyright protection, worldwide, for strictly private use and in accordance with the terms hereof. Under no circumstances is the Multimedia Product sold to the User.
2. Ownership of the Multimedia Product
The Licence confers no rights or title to the Multimedia Product, which remains the sole property of Bigben Interactive. It therefore transfers no intellectual property rights relating to the Multimedia Product to the User in any respect whatsoever.
The User acknowledges that all rights relating to the Multimedia Product and its elements (including titles, computer codes, themes, characters, names of characters, plots, stories, dialogues, places, concepts, images, photographs, animations, videos, music and texts incorporated into the Multimedia Product), including any trademark, patent, design, model, sui generis database rights, copyrights, know-how, trade secrets and any other applications related thereto are the exclusive property of Bigben Interactive (or its licensors) and are protected by French regulations or other laws, treaties and international agreements relating to intellectual and industrial property.
3. Use of the Multimedia Product
The User is authorised to use the Multimedia Product in accordance with the instructions provided with it. The Licence is granted for strictly personal and non-commercial use.
The following in particular are prohibited, subject to the mandatory provisions of the applicable law (and in particular article L.122-6-1 of the French intellectual property code) and / or the authorisation of Bigben Interactive (or its grantors):
1 Making copies of the Multimedia Product and in particular the software it includes (with the exception of a backup copy when this is necessary to preserve the use of the software);
2 Commercial exploitation of the Multimedia Product or any of its constituent elements, in any form whatsoever (sale, assignment, rental, Licence, leasing, etc.);
3 Use in breach of morals or applicable laws;
4 The modification of the Multimedia Product or any of its constituent elements, or the creation of any by product;
5 Modification, circumvention or removal of the technical protection measures of the Multimedia Product and its constituent elements and related digital rights management systems;
6 Correction by the User or by a third party chosen by the User of any errors, anomalies and bugs affecting the Multimedia Product software;
7 The provision or transmission of the Multimedia Product or any of its components, by any means and in particular via an electronic communications network (telephone, internet, set top box, smart television, without this being exhaustive);
8 The decompilation, reverse engineering or disassembly of the Multimedia Product, even for interoperability purposes.
The User may not transfer, sell, resell, sub-licence, rent or otherwise make available the Multimedia Product that he has acquired, by any means whatsoever (including by downloading on an electronic communications network), or any of its components (including, where applicable, the activation code associated with the Multimedia Product).
4. Updates
Bigben Interactive is not obliged to provide the User with updates, upgrades or new versions (hereinafter, the "Updates") of the Multimedia Product software. However, in the event that Bigben Interactive makes an Update available to the User, he must be in possession of a valid Licence for the previous version in order to use the Update, which will be provided under the terms of this Licence. The User further acknowledges that Bigben Interactive reserves the right, gradually or otherwise, to stop or limit the maintenance of older versions. The User therefore undertakes to download and use any Update made available to him in order to fully benefit from the guarantees made by Bigben Interactive
5. Entry into force - Termination of Licence
The Licence is effective from the first use of the Multimedia Product.
It is terminated automatically, ex officio, by Bigben Interactive without notice in the event of a serious breach of any of its obligations or of a breach of any of the essential obligations under the terms and conditions of the Licence by the User. It is terminated automatically, ex officio, by the User, via the destruction and/or uninstallation by the User of the Multimedia Product and all its constituent elements.
6. Guarantees
6.1 Commercial guarantee. Bigben Interactive has applied all its know-how in interactive entertainment to this Multimedia Product, to guarantee the User full satisfaction and many hours of entertainment.
If, however, within ninety (90) days of the date of purchase of the Multimedia Product, it appears, in normal conditions of use, to be defective, or non-compliant with the functional and technical characteristics described in the instructions provided, Bigben Interactive undertakes to carry out the free replacement of the Multimedia Product if possible (or failing this, its full refund at the purchase price), under the conditions defined below.
For the copy of the defective Multimedia Product to be replaced (or, if necessary, refunded), the User must:
1) Contact Bigben Interactive Technical Support. After briefly describing the defect affecting the Multimedia Product, Bigben Interactive will confirm whether it can actually be considered a defect.
2) If this confirmation is given by Bigben Interactive, Bigben Interactive will allow the User to download, for no extra charge, a new copy of the Multimedia Product (or if necessary, send him a new physical copy of the Multimedia Product or refund the purchase price of the Multimedia Product).
Bigben Interactive reserves the right to delete the activation code associated with the Multimedia Product in the event that it is returned by the User under the above conditions.
6.2 Legal guarantees. Regardless of the commercial guarantee granted above, the User is reminded that the seller of the Multimedia Product remains subject to the applicable legal guarantees, and in particular, in the case of Consumers residing in French territory, non-compliances or breaches of the contract and latent defects under the conditions provided for in Article L.211-4 et seq of the Consumer Code, and Articles 1641 to 1649 of the Civil Code, respectively. The details of these guarantees are given in Appendix 1.
7. Guarantee limitation
THE MULTIMEDIA PRODUCT IS PROVIDED AS IS AND WITHOUT ANY GUARANTEE OTHER THAN THAT PROVIDED FOR IN ARTICLE 6 OF THE LICENCE. In particular, Bigben Interactive does not guarantee the continuous or error-free operation of the Multimedia Product or the correction of errors.
The User expressly acknowledges that any use of the Multimedia Product that does not comply with the user instructions, the minimum recommended specifications, and in its latest version made available, is at his own risk. Therefore, if the defect or non-compliance encountered by the User results from this improper use, or a case of force majeure, none of the guarantees provided for in Article 6 of the Licence may be enforced against Bigben Interactive.
Within the limits imposed by the applicable law, Bigben Interactive consequently excludes any guarantee pertaining to the market value of the Multimedia Product, the satisfaction of the User, its fitness for a particular purpose or the absence of piracy.
8. Liability
Under no circumstances shall Bigben Interactive be held liable for any indirect, incidental, special, ancillary or other damage resulting from (1) the use or inability to use the Multimedia Product, (2) the improper use or malfunctioning of the Multimedia Product or an unsupported older version, (3) the loss or alteration of any data or information, and / or (4) the loss of any income or business resulting from the possession or use of the Multimedia Product, even if Bigben Interactive has been notified of the possibility of such a loss.
Bigben Interactive rejects any liability for use of the Multimedia Product contrary to the precautions for use mentioned in the user instructions.
The User bears all costs of repair and/or correction of the Multimedia Product, as well as all risks related to loss of profits, loss or alteration of data, errors, loss of commercial or other information resulting from the possession of the Multimedia Product or its use.
In any event, the liability of Bigben Interactive may not exceed the purchase price of the Multimedia Product.
9. Content generated by the User
The Multimedia Product allows the User to create content and make it available to third parties. As such, the User agrees to comply with all applicable laws and regulations.
In particular, the User agrees that the content thus generated does not contain, in whole or in part, any representation:
- Not complying with all applicable laws and regulations;
- Encouraging or glorifying violence. In particular, the content may not represent any extreme scenes of violence, torture or mutilation;
- Sexual, explicit or otherwise, or aimed at causing sexual arousal. The content may not depict, encourage or glorify violence, pain or humiliation in a sexual context. The content may not under any circumstances depict minors in a sexualised context ;
- Minors in a violent or abusive context;
- Encouraging or glorifying, explicitly or implicitly, the use of drugs, alcohol or tobacco;
- Encouraging, tolerating or promoting racial, ethnic, gender, religious or national stereotypes related to physical attributes, or related to physical or mental disabilities;
- Encouraging, tolerating or promoting intolerance, discrimination or prejudice against persons because of their race, ethnic group, nationality, sex, disability, physical attributes, religion, age or sexual orientation;
- Making negative or disrespectful use of religious symbols, beliefs, texts or places of worship;
- Offensive to any person or entity. Content may not include insults, obscenities, vulgarities, harassment, or any other type of attack on any person or entity. The content may not violate the rights of individuals and in particular their right to privacy;
- Including false, misleading or defamatory information;
- Promoting third-party entities
- Defamatory or disparaging against Bigben Interactive, or which could harm its reputation or its goodwill;
- Suggesting that the content has been approved or validated by Bigben Interactive.
Bigben Interactive reserves the right to delete any content generated by the User that does not comply with the rules enacted above.
10. Applicable law - Competent jurisdiction
The Licence is subject to French law, excluding any conflict of law rule. In the event of any dispute relating to the formation, interpretation, execution or termination of the Licence, the French courts competent under French law will have sole jurisdiction, even in the event of urgency or multiple defendants.
Appendix 1: Legal guarantees
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is liable for any lack of compliance existing at the time of delivery. It is also responsible for any lack of compliance resulting from the packaging, assembly instructions or installation when this is incumbent on it under the contract or has been carried out under its responsibility.”
Article L.211-5 of the Consumer Code: "In order to be in compliance with the contract, the item must: 1 ° be fit for the customary use of a similar item and, where appropriate: - correspond to the description given by the seller and possess the qualities that it presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2 ° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by it.".
Article L.211-8 of the Consumer Code: "The buyer has the right to demand the compliance of the goods with the contract. However, he may not challenge compliance by invoking a defect he knew of, or could not have been unaware, of when he concluded the contract. The same applies when the defect has its origin in the materials he himself provided.
Article L.211-9 of the Consumer Code: "In the event of lack of compliance, the buyer may choose between repair and replacement of the item. However, the seller may not comply with the wishes of the buyer if this choice entails a cost that is obviously disproportionate compared to the other option, taking into account the value of the item or the scale of the defect. It is then obliged to take, unless this is impossible, the option not chosen by the buyer ".
Article L.211-10 of the Consumer Code: "If the repair and replacement of the property are impossible, the buyer may return the item and be refunded the price or keep the item and receive a part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be used without major inconvenience for him taking into account the nature of the item and the intended use. The termination of the sale cannot however be agreed if the lack of compliance is minor".
Article L.211-11 of the Consumer Code: "The provisions of Articles L.211-9 and L.211-10 shall be applied at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L.211-12 of the Consumer Code: "Any action resulting from the lack of compliance is limited to a period of two years from the delivery of the item".
Article 1641 of the Civil Code: "The seller is bound by the guarantee against latent defects of the item sold which render it unfit for its intended use, or which limit such use so much that the buyer would not have not acquired it, or would have paid a lower price had he been aware of them.
Article 1643: "It is liable for latent defects, even though it was not aware of them unless, in this case, it has stipulated that it will not be bound by any guarantee."
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and being refunded the price, or keeping the item and receiving part of the price".
Article 1648 paragraph 1: "Any action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
PLEASE CAREFULLY READ THIS AGREEMENT (THE "LICENCE") BETWEEN YOU (THE "USER") AND BIGBEN INTERACTIVE SA ("BIGBEN INTERACTIVE") BEFORE DOWNLOADING AND USING THE GAME IN ANY WAY, INCLUDING THE SOFTWARE, ITS DOCUMENTATION, OR ANY OTHER DIGITAL MEDIA, AS WELL AS ANY OTHER ELEMENTS RELATING THERETO (COLLECTIVELY REFERRED TO AS THE "MULTIMEDIA PRODUCT").
TICKING THE "I ACCEPT" BOX (CLICK-WRAP), AS WELL AS COMMENCING ANY DOWNLOAD AND / OR USE IN ANY WAY OF THE MULTIMEDIA PRODUCT WILL BE DEEMED ACCEPTANCE BY THE USER OF THE LICENSE. IF THE USER REJECTS THE TERMS OF THE LICENCE, HE MAY NOT DOWNLOAD AND / OR USE THE MULTIMEDIA PRODUCT IN ANY WAY.
THE PROVISIONS OF THIS LICENCE ARE SUBJECT TO THE MANDATORY PROVISIONS OF THE APPLICABLE LAW, WHICH MAY GRANT SPECIFIC RIGHTS TO THE USER.
1. Licence
Bigben Interactive grants the User a non-exclusive and non-transferable Licence to use the Multimedia Product, allowing him to download and use the Multimedia Product for the term of legal copyright protection, worldwide, for strictly private use and in accordance with the terms hereof. Under no circumstances is the Multimedia Product sold to the User.
2. Ownership of the Multimedia Product
The Licence confers no rights or title to the Multimedia Product, which remains the sole property of Bigben Interactive. It therefore transfers no intellectual property rights relating to the Multimedia Product to the User in any respect whatsoever.
The User acknowledges that all rights relating to the Multimedia Product and its elements (including titles, computer codes, themes, characters, names of characters, plots, stories, dialogues, places, concepts, images, photographs, animations, videos, music and texts incorporated into the Multimedia Product), including any trademark, patent, design, model, sui generis database rights, copyrights, know-how, trade secrets and any other applications related thereto are the exclusive property of Bigben Interactive (or its licensors) and are protected by French regulations or other laws, treaties and international agreements relating to intellectual and industrial property.
3. Use of the Multimedia Product
The User is authorised to use the Multimedia Product in accordance with the instructions provided with it. The Licence is granted for strictly personal and non-commercial use.
The following in particular are prohibited, subject to the mandatory provisions of the applicable law (and in particular article L.122-6-1 of the French intellectual property code) and / or the authorisation of Bigben Interactive (or its grantors):
1 Making copies of the Multimedia Product and in particular the software it includes (with the exception of a backup copy when this is necessary to preserve the use of the software);
2 Commercial exploitation of the Multimedia Product or any of its constituent elements, in any form whatsoever (sale, assignment, rental, Licence, leasing, etc.);
3 Use in breach of morals or applicable laws;
4 The modification of the Multimedia Product or any of its constituent elements, or the creation of any by product;
5 Modification, circumvention or removal of the technical protection measures of the Multimedia Product and its constituent elements and related digital rights management systems;
6 Correction by the User or by a third party chosen by the User of any errors, anomalies and bugs affecting the Multimedia Product software;
7 The provision or transmission of the Multimedia Product or any of its components, by any means and in particular via an electronic communications network (telephone, internet, set top box, smart television, without this being exhaustive);
8 The decompilation, reverse engineering or disassembly of the Multimedia Product, even for interoperability purposes.
The User may not transfer, sell, resell, sub-licence, rent or otherwise make available the Multimedia Product that he has acquired, by any means whatsoever (including by downloading on an electronic communications network), or any of its components (including, where applicable, the activation code associated with the Multimedia Product).
4. Updates
Bigben Interactive is not obliged to provide the User with updates, upgrades or new versions (hereinafter, the "Updates") of the Multimedia Product software. However, in the event that Bigben Interactive makes an Update available to the User, he must be in possession of a valid Licence for the previous version in order to use the Update, which will be provided under the terms of this Licence. The User further acknowledges that Bigben Interactive reserves the right, gradually or otherwise, to stop or limit the maintenance of older versions. The User therefore undertakes to download and use any Update made available to him in order to fully benefit from the guarantees made by Bigben Interactive
5. Entry into force - Termination of Licence
The Licence is effective from the first use of the Multimedia Product.
It is terminated automatically, ex officio, by Bigben Interactive without notice in the event of a serious breach of any of its obligations or of a breach of any of the essential obligations under the terms and conditions of the Licence by the User. It is terminated automatically, ex officio, by the User, via the destruction and/or uninstallation by the User of the Multimedia Product and all its constituent elements.
6. Guarantees
6.1 Commercial guarantee. Bigben Interactive has applied all its know-how in interactive entertainment to this Multimedia Product, to guarantee the User full satisfaction and many hours of entertainment.
If, however, within ninety (90) days of the date of purchase of the Multimedia Product, it appears, in normal conditions of use, to be defective, or non-compliant with the functional and technical characteristics described in the instructions provided, Bigben Interactive undertakes to carry out the free replacement of the Multimedia Product if possible (or failing this, its full refund at the purchase price), under the conditions defined below.
For the copy of the defective Multimedia Product to be replaced (or, if necessary, refunded), the User must:
1) Contact Bigben Interactive Technical Support. After briefly describing the defect affecting the Multimedia Product, Bigben Interactive will confirm whether it can actually be considered a defect.
2) If this confirmation is given by Bigben Interactive, Bigben Interactive will allow the User to download, for no extra charge, a new copy of the Multimedia Product (or if necessary, send him a new physical copy of the Multimedia Product or refund the purchase price of the Multimedia Product).
Bigben Interactive reserves the right to delete the activation code associated with the Multimedia Product in the event that it is returned by the User under the above conditions.
6.2 Legal guarantees. Regardless of the commercial guarantee granted above, the User is reminded that the seller of the Multimedia Product remains subject to the applicable legal guarantees, and in particular, in the case of Consumers residing in French territory, non-compliances or breaches of the contract and latent defects under the conditions provided for in Article L.211-4 et seq of the Consumer Code, and Articles 1641 to 1649 of the Civil Code, respectively. The details of these guarantees are given in Appendix 1.
7. Guarantee limitation
THE MULTIMEDIA PRODUCT IS PROVIDED AS IS AND WITHOUT ANY GUARANTEE OTHER THAN THAT PROVIDED FOR IN ARTICLE 6 OF THE LICENCE. In particular, Bigben Interactive does not guarantee the continuous or error-free operation of the Multimedia Product or the correction of errors.
The User expressly acknowledges that any use of the Multimedia Product that does not comply with the user instructions, the minimum recommended specifications, and in its latest version made available, is at his own risk. Therefore, if the defect or non-compliance encountered by the User results from this improper use, or a case of force majeure, none of the guarantees provided for in Article 6 of the Licence may be enforced against Bigben Interactive.
Within the limits imposed by the applicable law, Bigben Interactive consequently excludes any guarantee pertaining to the market value of the Multimedia Product, the satisfaction of the User, its fitness for a particular purpose or the absence of piracy.
8. Liability
Under no circumstances shall Bigben Interactive be held liable for any indirect, incidental, special, ancillary or other damage resulting from (1) the use or inability to use the Multimedia Product, (2) the improper use or malfunctioning of the Multimedia Product or an unsupported older version, (3) the loss or alteration of any data or information, and / or (4) the loss of any income or business resulting from the possession or use of the Multimedia Product, even if Bigben Interactive has been notified of the possibility of such a loss.
Bigben Interactive rejects any liability for use of the Multimedia Product contrary to the precautions for use mentioned in the user instructions.
The User bears all costs of repair and/or correction of the Multimedia Product, as well as all risks related to loss of profits, loss or alteration of data, errors, loss of commercial or other information resulting from the possession of the Multimedia Product or its use.
In any event, the liability of Bigben Interactive may not exceed the purchase price of the Multimedia Product.
9. Content generated by the User
The Multimedia Product allows the User to create content and make it available to third parties. As such, the User agrees to comply with all applicable laws and regulations.
In particular, the User agrees that the content thus generated does not contain, in whole or in part, any representation:
- Not complying with all applicable laws and regulations;
- Encouraging or glorifying violence. In particular, the content may not represent any extreme scenes of violence, torture or mutilation;
- Sexual, explicit or otherwise, or aimed at causing sexual arousal. The content may not depict, encourage or glorify violence, pain or humiliation in a sexual context. The content may not under any circumstances depict minors in a sexualised context ;
- Minors in a violent or abusive context;
- Encouraging or glorifying, explicitly or implicitly, the use of drugs, alcohol or tobacco;
- Encouraging, tolerating or promoting racial, ethnic, gender, religious or national stereotypes related to physical attributes, or related to physical or mental disabilities;
- Encouraging, tolerating or promoting intolerance, discrimination or prejudice against persons because of their race, ethnic group, nationality, sex, disability, physical attributes, religion, age or sexual orientation;
- Making negative or disrespectful use of religious symbols, beliefs, texts or places of worship;
- Offensive to any person or entity. Content may not include insults, obscenities, vulgarities, harassment, or any other type of attack on any person or entity. The content may not violate the rights of individuals and in particular their right to privacy;
- Including false, misleading or defamatory information;
- Promoting third-party entities
- Defamatory or disparaging against Bigben Interactive, or which could harm its reputation or its goodwill;
- Suggesting that the content has been approved or validated by Bigben Interactive.
Bigben Interactive reserves the right to delete any content generated by the User that does not comply with the rules enacted above.
10. Applicable law - Competent jurisdiction
The Licence is subject to French law, excluding any conflict of law rule. In the event of any dispute relating to the formation, interpretation, execution or termination of the Licence, the French courts competent under French law will have sole jurisdiction, even in the event of urgency or multiple defendants.
Appendix 1: Legal guarantees
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods in accordance with the contract and is liable for any lack of compliance existing at the time of delivery. It is also responsible for any lack of compliance resulting from the packaging, assembly instructions or installation when this is incumbent on it under the contract or has been carried out under its responsibility.”
Article L.211-5 of the Consumer Code: "In order to be in compliance with the contract, the item must: 1 ° be fit for the customary use of a similar item and, where appropriate: - correspond to the description given by the seller and possess the qualities that it presented to the buyer in the form of a sample or model; - have the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or its representative, in particular in advertising or labelling; 2 ° Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by it.".
Article L.211-8 of the Consumer Code: "The buyer has the right to demand the compliance of the goods with the contract. However, he may not challenge compliance by invoking a defect he knew of, or could not have been unaware, of when he concluded the contract. The same applies when the defect has its origin in the materials he himself provided.
Article L.211-9 of the Consumer Code: "In the event of lack of compliance, the buyer may choose between repair and replacement of the item. However, the seller may not comply with the wishes of the buyer if this choice entails a cost that is obviously disproportionate compared to the other option, taking into account the value of the item or the scale of the defect. It is then obliged to take, unless this is impossible, the option not chosen by the buyer ".
Article L.211-10 of the Consumer Code: "If the repair and replacement of the property are impossible, the buyer may return the item and be refunded the price or keep the item and receive a part of the price. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's claim; 2° Or if this solution cannot be used without major inconvenience for him taking into account the nature of the item and the intended use. The termination of the sale cannot however be agreed if the lack of compliance is minor".
Article L.211-11 of the Consumer Code: "The provisions of Articles L.211-9 and L.211-10 shall be applied at no cost to the buyer. These same provisions do not prevent the awarding of damages.
Article L.211-12 of the Consumer Code: "Any action resulting from the lack of compliance is limited to a period of two years from the delivery of the item".
Article 1641 of the Civil Code: "The seller is bound by the guarantee against latent defects of the item sold which render it unfit for its intended use, or which limit such use so much that the buyer would not have not acquired it, or would have paid a lower price had he been aware of them.
Article 1643: "It is liable for latent defects, even though it was not aware of them unless, in this case, it has stipulated that it will not be bound by any guarantee."
Article 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the item and being refunded the price, or keeping the item and receiving part of the price".
Article 1648 paragraph 1: "Any action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”