Terms and Conditions
We are ADKN an enterprise under ADKN LTD, a company registered in England and Wales (company number 10785806)
ADKN is referred to in these Terms as “ADKN/WE/US” . These terms and conditions and any policies or documents linked to apply when you shop with us and a link in provided in them collectively or as "Terms" (or access our services and websites) at www.adkn.co.uk and the mobile websites and or any other platforms owned by and/or operated on behalf of ADKN LTD (PLATFORMS). The sole purpose of these terms and conditions is to provide clarity into what is expected from both us and the customers, as well as provide any help and guidance needed. Please refer to our Help section as well (part of the Terms and Conditions). Should there be any queries or uncertainties with regards to these Terms and/or Platforms, or in the unlikely event should you have complaints regarding any products purchased from the platforms, please contact us at: email@example.com
These terms and conditions were last revised 20th October 2019.
Use of Platforms
The Terms and Conditions apply to your use of and access to the Platforms and the orders submitted by you for products made available by ADKN for purchase on the Platforms. By accessing our website you agree to our Terms and Conditions. We therefore advise you read these carefully, save or print a copy for future reference. Should you not agree to the Terms and Conditions listed, please stop using or accessing our Platforms. These Terms and Conditions do not affect your statutory rights as a consumer. For more information, please contact your local Trading Standards Office or Citizens Advice Bureau (or the equivalent in your country). The terms and conditions maybe changed and updated at any interval, any such moderations will be effective immediately from the publication of the new Terms on the Platforms. Please note that certain functionalities and options will not be available across all or different Platforms.
The Platforms may include links to other Platforms or resources ("LINKED PLATFORMS"). ADKN has no control over the content of Linked Platforms and you agree that, should you access a Linked Platforms using a link from the Platforms, ADKN is not responsible for the availability of the Linked Platforms, and is not liable in any way for the content of Linked Platforms, including (without limitation) any goods or services available from such Linked Platforms, other advertising or content on such Linked Platforms or the use that such Linked Platforms make of your personal information. Furthermore ADKN will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Platforms or the content thereon.
By using our Platforms, you agree that the information provided upon registration or check-out on the Platforms is accurate, true and not misleading. You agree to inform Customer Services of any changes to this information. ADKN has the right to remove any material or posting you make on the Platforms in ADKN's sole discretion. We may limit, adjust or suspend access to the Platforms (permanently or temporarily) with or without notice and without any liability to you. ADKN may do so at its sole discretion. We may deny you access if we believe that your use of the Platforms is in violation with our Terms and Conditions, any law or the rights of any third party or was offensive and disrespectful to others.
We may include links to other Platforms or resources. We have no control over the content of these linked platforms. You agree that ADKN has no responsibility for the availability of the linked platforms, nor are we liable for the content, including any goods or services available from these linked platforms, advertising or the use these linked platforms make of your information. ADKN will not be responsible for any offence, loss or damage caused by the use or reliance on a linked platform or its content. Any material that you upload to the Platforms for publication will be considered non-confidential and we will have the right to use, copy, distribute, modify, alter, and/or disclose to third parties for any purpose. We have the right to disclose your identity to any third party that claims the material you have uploaded violates their intellectual property rights or affects their right to privacy. ADKN has the right to remove any material or posting at our own discretion.
ADKN will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Platforms and you hereby agree to be responsible to ADKN for and indemnify ADKN and keep ADKN indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by ADKN as a result of any claim in respect of your use of the Platforms.
We may offer you the ability through the Platforms to check the availability of certain products in specified ADKN Studio or ADKN Platforms. This functionality will not be available for all ADKN Studio or ADKN Platforms and is not available on all Platforms. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified ADKN Studio or ADKN Platforms. Unfortunately products cannot be reserved in ADKN Studio or ADKN Platforms using this functionality.
Certain third party providers with whose devices and/or operating systems those Platforms that are mobile applications have been designed to be compatible oblige us to include certain additional provisions in these Terms. These provisions are required by the relevant third party providers, not ADKN. Third party application studio or platforms are operated by the relevant third party providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application studio or platforms from which you download those Platforms that are the mobile applications. We are not responsible for these studio or platforms or (with the exception of the Platforms) for anything provided by them and do not guarantee that they will be continuously available.
Purchase of Products
If you are placing a pre-order for products which are available to pre-order on the platforms, the following sections below may be superseded by or may apply in addition to specific terms applicable to such products as set out in section below.
Delivery and Risks
Cancellations and Returns
All information on the Platforms is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("PRODUCTS") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:
• If products are shown on the Platforms but are not available or are incorrectly priced or otherwise incorrectly described;
• If we are unable to obtain authorisation of your payment;
• If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
• If shipping restrictions may apply to a Product ; or
• If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
• If the delivery address you have provided is not a valid shipping address.
After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale of the Products between us and you will not take place unless and until (a) we have sent you an email confirming that the Products have been dispatched or (b) in the event that you have elected to collect the Products from a ADKN studio or platforms (where the service is available), we have sent you an email confirming that the Products have been dispatched to the specified ADKN studio or platforms ("DISPATCH CONFIRMATION"). Please note that the option to collect in studio or platforms is only available in certain specified countries and from specified ADKN studio or platforms. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with the contract.
Orders can also be placed by telephone in English with our Customer Service team. Where you provide us with an email address, we will follow the process outlined in the section above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until we have sent you a Dispatch Confirmation. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the My Account section of the Platforms ("SECURE ACCESS"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.
In the event prolonged inactivity causes your connection to the Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers. Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. You will be charged for products when they have been dispatched to you for delivery or, in the event that you have elected to collect the Products from a ADKN studio or platforms, the Products have been dispatched for delivery to the relevant studio or platforms (together with the relevant delivery charges and any card processing or payment processing charges), unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order. Item availability, prices and delivery options may vary depending on the shipping destination.
Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Platforms may mean that the colours, measurements, fabrics and designs of the Products displayed on the Platforms and the Products delivered to you may differ in appearance in minor respects.We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
All prices of Products on the Platforms are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see the Section below. Prices do not include the charge for delivery, if any.
We endeavour to ensure that all pricing information on the Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to the Section above, we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped. ADKN may vary the prices of Products listed on the Platforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
The total cost of your order will be the purchase price for the Products and any additional services you order, including for example, couture sessions, bespoke fit, monogramming etc. More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section. Please note that we accept payment in the payment currency specified for the country of your selected shipping destination in our Payment section. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the United Kingdom.
If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Platforms, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Platforms.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been shipped. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to we deliver Products purchased from the Platforms. Details of the locations to which ADKN delivers are available from us on request.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to dispatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times or as otherwise specified in the checkout process as you submit your order. Please note that there are a number of UK postcodes to which we cannot deliver on a next day basis or on a Saturday. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions, but this may not be possible until we have received your order. Orders received after any “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified. Where you have selected any of ADKN's delivery services and your order has been accepted by us, your sole remedy for any failure by ADKN to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
Please note that certain delivery options will not be available across all our Platforms.
Title in the Products will pass to you on the later of:-
(i) the date on which we receive payment in full for such Products; and
(ii) the date and time of collection of such Products for delivery to your nominated address or designated ADKN studio or platforms) (as applicable).
Once a Product has been received by you all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a ADKN studio or platforms, where that service is available, all risk of damage to, or loss of the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the designated ADKN studio or platforms. We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
In the event that a Product is subsequently imported into a country other than the country to which ADKN delivered the Product or of the studio or platforms from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation Policy. This Returns & Cancellation Policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (“REGULATIONS”). For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any). Where you return a Product under the Regulations we will issue you with a full refund but you will need to return the Product at your own cost (if you have already received the Product), unless otherwise specified in our Returns & Cancellation policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, ADKN shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible. Please note that you will not be entitled to cancel or return personalised or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewellery items. This does not affect your statutory rights.
If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
Pre-order of Products
We may sometime have products available for ordering before they become fully available on our website. These are referred to as 'Pre-Order Products'. In this event, please note that the default delivery options we offer will not be applicable. All Pre-Order Products will be shipped within 5-10 days from the date of the order within the UK, 5-15 days within Europe and 5-20 days for rest of the world. In the event of Pre-Orders, the order will be charged shortly after it is received and before the item is dispatched. Your credit/debit card may show the purchase immediately upon placing the order. To be noted: pre-orders are not confirmed until payment has been taken.
You agree that if you order a Pre-Order Product, you will be charged shortly after you place your order and before your item is dispatched . Notwithstanding the foregoing, your credit/debit card account or payment method may reflect the deduction of the purchase price immediately upon placing the order. Please note your order is not confirmed until payment has been taken. Please note that if you order a Runway Pre-Order Product, the product you receive may vary (including fit, appearance, sizing and composition) from the item displayed on the Platforms. This does not affect your right to cancel or return Runway Pre-Order Products.
ADKN endeavors to ensure that the information posted by it on the Platforms is accurate and complete. ADKN does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, ADKN does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the servers that make such Content available are free of viruses, malicious code or other components which are potentially harmful. ADKN recommends that all users of the Internet ensure they have up to date virus checking software installed.
LIMITATIONS OF LIABILITY
Nothing in these Terms limits or excludes our liability: (a) for death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; (c) under Section above of the Consumer Protection Act 1987; or (d) for any other liability which cannot be limited or excluded by applicable law.
Subject to Section above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:
(i) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
(ii) loss of goodwill or reputation; or
(iii) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
Subject to these Sections the aggregate liability under these Terms of ADKN whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from ADKN.
This section does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the "CONTENT"), is either owned or licensed by ADKN, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.
The "ADKN" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Platforms, accessories or packaging, whether registered or not (the "TRADE MARKS"), are and remain the exclusive property of ADKN and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (the "INTELLECTUAL PROPERTY RIGHTS") are and shall remain the exclusive property of ADKN and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
ASSIGNMENT, SUBCONTRACTING ETC
We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
AMENDMENTS TO THESE TERMS
We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.
EXCLUSION OF WARRANTIES
This Section does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory rights set out under applicable consumer laws relating to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau, or the equivalent in your country (if any).
Subject to the preceding paragraph to the maximum extent permitted by applicable law, adkn disclaims and excludes all other terms, conditions and warranties in relation to the products and services whether express or implied by statute or otherwise or arising from any previous course of dealing or usage or trade practice.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.
Subject to the terms herein, we grant you a revocable, and non-exclusive licence to access and make personal use of the Platforms limited such that it does not include the right to:
(A) use the Platforms in any way which may prejudice or damage the reputation of ADKN;
(B) use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;
(C) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
ADKN may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.
Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms and all transactions relating to the Platforms are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts. This does not affect your legal rights as a consumer in the country in which you are located.
ADKN Employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the ADKN staff discount policy. Employees with any questions about this discount policy please contact your HR department.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract. We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("REPRESENTATIONS") of any person (whether a party to that contract or not) other than as expressly set out in these Terms. Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
All notices given by you to us must be sent to ADKN at 59B-59C, North Woolwich Road, E16 2AA or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in the Section above. Notice will be deemed received and properly served immediately when posted on the Platforms, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Section above.
CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from these Terms such that no third party may claim any rights under these Terms.
DISPUTE RESOLUTION - EU RESIDENT CUSTOMERS ONLY
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service.
FOR CUSTOMERS LOCATED IN FRANCE
If you are placing an order on Adkn.co.uk from a location in France, then the following additional terms shall apply:-
ADKN, whose name and address are set out at the beginning of these Terms, shall be responsible for any lack of conformity of the ADKN product which you order to the contract between you and ADKN under the conditions set forth in articles L. 211-4 et seq. of the French Consumer Code, and for any hidden defect in the ADKN product sold to you on Adkn.co.uk subject to the conditions set out in articles 1641 et seq. of the French Civil Code.
Under the statutory conformity warranty in articles L. 211-4 et seq. of the French Consumer Code:
• any claim must be made by you within 2 years of the date of delivery of the ADKN product;
• you may choose between repair or replacement of the ADKN product, subject to the costs of repair or replacement being proportionate and the conditions provided for under article L. 211-9 of the French Consumer Code;
• you do not have to prove the ADKN product’s lack of conformity with the contract during a period of twenty-four (24) months following delivery of the ADKN product.
However if ADKN proves that the ADKN Product was in conformity with the contract between you and ADKN, your claim will not be accepted.
Alternatively, you bring a claim pursuant to the warranty against hidden defects as set out in article 1641 of the French Civil Code. In such case, you may choose between the cancellation of the sale contract or a reduction of the sale price, as set out under article 1644 of the French Civil Code.