Legal Warranty of Conformity




Legal Warranty Last updated 17 November 2016 – Directorate of Legal and Administrative Information (Prime Minister), Directorate-General for Competition, Consumer Affairs and the Prevention of Fraud (DGCCRF)

When purchasing a product, it must conform to the intended use and description of the seller. There is a statutory guarantee for this. This warranty applies to defects already present on the date of delivery of the product.

What is it about ?

Defect of conformity

The legal guarantee of conformity is a guarantee against all defects of conformity already existing at the date of delivery of the product.

It provides for the repair, replacement or refund of the defective property.

There is a lack of conformity in the following situations:

the property is unfit for the purpose usually of a similar property (eg, a product usually intended to operate without battery wire must be plugged in, repeated failures, missing functions …)

The property does not correspond to the description given by the seller even if it works perfectly. For example, the color does not match the model shown;

the property does not have the qualities announced by the vendor or agreed with you (eg, extractor hood, presented as particularly silent, turns out loud).

Defects can be caused by:

  • Of the good in itself,
  • Labeling,
  • Mounting instructions,
  • Of the installation where the latter was charged to the seller or carried out under his responsibility.

However, the guarantee of conformity does not apply if:

  • You were aware of the defect at the time of purchase;
  • You could not ignore the defect at the time of purchase (for example, if the seller informed you);
  • The defect results from materials you have supplied or added (for example, if you put a non-compliant battery into your phone).

Moreover, the seller is bound to a general obligation to inform about his products (essential functions, technical characteristics …). It also has an advisory obligation: the seller must inquire about the needs of the customer and be able to inform him correctly according to the intended use. And the general terms and conditions of sale (CGV) of the product must include information about the warranty, its implementation and its contents.

Products

The conformity guarantee only applies to:

  • To movable property, such as consumer goods: computer, washing machine …,
  • Custom made goods such as windows or kitchen furniture,
  • To water and gas sold in volume or in a determined quantity (bottle, tank filling …).
  • The guarantee of conformity does not apply to sales between individuals, by a judicial authority (by a bailiff) and public auctions.

Obligation of guarantee

The legal warranty is mandatory. The legal guarantee is a right of the consumer set by law. All vendors must respect this right. Its content is also set by law.

The legal warranty is different from the commercial warranty. When a seller speaks of a 1 year warranty product (or another term), it is usually the commercial warranty.

The commercial guarantee is only a practice of the seller or the manufacturer. The latter are free to offer it or not to their customers and their own conditions. The law does not cover this practice.

How to play this warranty?

You bought this property by 18 March 2016

You have detected a defect less than 6 months after delivery

If you notice a lack of conformity within 6 months of delivery, the product is covered by the legal warranty. This defect is considered to be dated prior to the purchase of the product. You do not have to prove the date of occurrence of the defect.

If the seller disputes the application of the guarantee and considers that the defect appeared after the purchase, it is up to him to prove it.

You have 2 years after the delivery of the property to make play this guarantee.

You can return the product to the seller against delivery of a deposit ticket or notify by mail, preferably by registered letter with acknowledgment of receipt.

Require seller to deliver goods in accordance with order

Allows the seller to deliver the goods in conformity with the ordered order or to request the cancellation of the sale and the refund

You must present proof of purchase:

  • delivery note;
  • invoice;
  • receipt;
  • etc.

The procedure is free of charge

You must choose between repairing and replacing the non-compliant property. In the event of a manifest cost difference between the two options, the seller may impose the less expensive option.

If these 2 options:

  • Are impossible (eg if the manufacture has been stopped);
  • Or may not be implemented within one month of your claim;
  • Or you create a major disadvantage.

You can then:

  • Make you fully reimbursed (by making the product),
  • Or you get refunded in part (keeping the product).

You can also claim damages in court if the lack of conformity has caused you harm that you are able to prove, such as deprivation of use. Example: You could not use your washing machine.

You have detected a defect more than 6 months after delivery

You can benefit from the guarantee of conformity only if you provide proof that the defect existed at the time of delivery of the product.

You can present any document that can attest to the non-conformity of the product: proof of repair, advertising, packaging, etc.

You have 2 years after the delivery of the property to make play this guarantee.

You can return the product to the seller against delivery of a deposit ticket or notify by mail, preferably by registered letter with acknowledgment of receipt.

Require seller to deliver goods in accordance with order

Allows the seller to deliver the goods in conformity with the ordered order or to request the cancellation of the sale and the refund/

You must also present proof of purchase: delivery note, invoice, receipt, etc.

The procedure is free of charge.

You must choose between repairing and replacing the non-compliant property. In the event of a manifest cost difference between the two options, the seller may impose the less expensive option.

Leave a Reply