1. Where the seller fails to deliver the specific item sold, the buyer may notify the seller of the performance within an adequate time limit. Where the seller fails to perform that obligation, the buyer shall have an option either to apply to the court for an order to compel the seller to an execution in kind by delivering to him the sold item, if possible, with payment of damages if necessitated, or to consider the contract rescinded and claim for damages if applicable, or to buy, at the seller's expense, an item similar to the item sold and claim from him the difference between the price agreed upon and the price paid by him in good faith to obtain such item. Where the sale relates to an item having a known price in the market, the buyer may claim from the seller, even if he failed to purchase an item similar to the sold item, the difference between the price agreed and the market price on the date fixed for delivery. 2. The seller shall bear the cost of transportation if the sold item is returned or changed, as long as the reason for return or change is attributed to him, unless otherwise agreed.
Interpretation and application must be checked against the official text and current version.