Unpleasant product exchange at Carrefour - anyone know their policy here?

[Charlie_Jack]

I’ve been wrong about lots of things since I came to Taiwan, so I try to bear that in mind when pasting the stuff below:

Article 354

The seller of a thing shall warrant that the thing sold is, at the time when the danger passes to the buyer according to the provisions of Article 373, free from any defect in quality which may destroy or impair its value, or its fitness for ordinary efficacy, or its fitness for the efficacy of the contract of sale. However, if the extent of the impairment is of no importance, such impairment shall not be deemed to be a defect.

The seller also shall warrant that, at the time the danger passes; the thing has the guaranteed qualities.

–Civil Code - Article Search/Content Search Result - Laws & Regulations Database of The Republic of China (Taiwan)

(Where the online version quoted above says danger, my hard copy at home says risk.)

Here’s the Chinese version:

第 354 條

物之出賣人對於買受人，應擔保其物依第三百七十三條之規定危險移轉於買受人時無滅失或減少其價值之瑕疵，亦無滅失或減少其通常效用或契約預定效用之瑕疵。但減少之程度，無關重要者，不得視為瑕疵。

出賣人並應擔保其物於危險移轉時，具有其所保證之品質。

–民法 條號查詢結果-全國法規資料庫

I have no idea how the above stuff plays out in three dimensions.

This is Article 373, mentioned in the above Article:

Article 373

The profits and dangers of the object sold pass to the buyer at the time of delivery, unless otherwise provided by contract.

–Civil Code - Article Search/Content Search Result - Laws & Regulations Database of The Republic of China (Taiwan)

(Again, my hard copy says risks instead of dangers.)

Here’s the Chinese version:

第 373 條

買賣標的物之利益及危險，自交付時起，均由買受人承受負擔，但契約另有訂定者，不在此限。

–民法 條號查詢結果-全國法規資料庫

The Chinese version of Article 373 is accompanied by Chinese words printed in red, which are in turn accompanied by a link, both of which (the words and the link) give rise to some uncertainty as to the reliability of the Article.

But the main thing is that it seems that the passing of the risk to the buyer is governed by the seller’s implicit warranty that the product is free of defects which impair or destroy the fitness of the thing sold.

Whoa, deja vu! From May 2020:

@Charlie_Jack

Immediately below is an English translation of Civil Code Article 359:

When there is a defect in the thing sold for which, according to the provisions of the five preceding articles, the seller is responsible for a warranty, the buyer has the option to rescind the contract or to ask for a reduction of the price, unless in the case specified, that a rescission of the contract would constitute an obvious unfairness of the transaction the buyer is only entitled to ask for a reduction of the price.

Article 356 deals with the obligations of the buyer:

The buyer is bound to examine without delay the thing received in accordance with the nature of such thing and as far as the ordinary procedure of affairs allows it, and should he discover any defect for which the seller is responsible, he shall immediately notify the seller of such defect.

If the buyer delays giving the notice mentioned in the preceding paragraph, he is deemed to have accepted the thing, except in case where the defect is one which would not have been revealed by ordinary examination.

Should a defect, which could not have been discovered immediately, be discovered subsequently, notice shall be sent to the seller without delay after the discovery. If the buyer delays giving such notice, the thing is deemed to be accepted.

–Civil Code - Article Search/Content Search Result - Laws & Regulations Database of The Republic of China (Taiwan)