The manufacturer's commercial warranty or our company's commercial warranty do not prevent consumers from benefiting from the legal guarantee for hidden defects on sold products neither from legal guarantee for defects in conformity of the goods within the contract.
Legal guarantee of conformity (see reference texts below):
When the customer asks for redress under the legal guarantee of conformity:
- He has a period of 2 years from the delivery of the goods to act (Article L217-12 of the French Consumer Code)
- He may choose between repairing or replacing the goods, subject to certain cost conditions provided in Article L.217-9 of the French Consumer Code
- He is exempted from proving the existence of the lack of conformity during the 6 months following the delivery of the goods. This period is extended to twenty-four months as of 18 March 2016, except for second-hand goods (Article L217-7 of the French Consumer Code)
- He can benefit from this independently of the commercial guarantee or the manufacturer's guarantee
Legal guarantee for hidden defects on sold products (see reference texts below):
The customer can ask for redress under the legal guarantee against hidden defects of the thing sold as provided in Article 1641 of the French Civil Code. In this case, he has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded in accordance with Article 1644 of the French Civil Code.
Legal guarantee of conformity
Article L217-4 of the French Consumer Code: The seller delivers goods that conform to the contract and is responsible for any defects in conformity that exist at the time of delivery. It is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been made its responsibility by the contract or has been carried out under its responsibility.
Article L217-5 of the French Consumer Code: The goods conform to the contract:
1° Must fit for the purpose usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-7 of the French Consumer Code: Conformity defects that appear within six months after goods' delivery are presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-9 of the French Consumer Code: In the event of a compliance defect, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate compared with the other choice, taking into account the value of the goods or the importance of the defect. In this case, the seller is required to proceed according to the method not chosen by the buyer, unless this is impossible.
Article L217-12 of the French Consumer Code: The action resulting from a compliance defect is limited to two years from goods' delivery.
Article L217-16 of the French Consumer Code: When the buyer asks the seller, during the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days is added to the duration of the guarantee that continues to run. This period shall run from the date of the buyer's request for intervention or from the time the item is made available for repair, if this is after the request for intervention.
Legal guarantee of hidden defects on sold products
Article 1641 of the French Consumer Code: The seller is obliged to guarantee against hidden defects in the item sold which make it unfit for the use for which it was intended, or which reduce this use so much that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1644 of the French Consumer Code: In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1648 para. 1 of the French Consumer Code: The action resulting from hidden defects must be taken by the buyer within two years after discovery of the defect.