LEGAL GUARANTEES

Legal guarantee of compliance (see texts of references below):

When the client acts in legal guarantee of compliance, he:

Gets a period of 2 years from the date of delivery of the goods to act (Article L217-12 of the Consumer Code)

Can choose between repairing or replacing the goods, subject to certain conditions of cost provided for by Article L.217-9 of the Consumer Code

Is exempted to produce proof of the existence of the non-compliance in the first six months following delivery of the goods. This period has been increased to twenty-four months as of 18 March 2016, except for second-hand goods (Article L217-7 of the Consumer Code)

Can benefit from it, independently of the commercial guarantee or the manufacturer’s warranty

Legal guarantee against hidden defects for products sold (see reference texts below):

The client can implement the legal guarantee against hidden defects for objects of purchase as per Article 1641 of the Civil Code. In this case, he has the choice to either return the item and have the full price refunded to him or to keep the item and have part of the price refunded to him, as per Article 1644 of the Civil Code.

Legal guarantee of compliance

Article L217-4 of the Consumer Code: The seller is bound to provide goods that are in compliance with the contract and is liable for any compliance deficiencies existing at the time of delivery. He shall also be responsible for any non-compliance resulting from the packaging, or from the instructions concerning assembly or installation if the seller is responsible for this under the terms of the sale contract or if it took place under its responsibility.

Article L217-5 of the Consumer Code: The goods are in compliance with the contract:

1° If they are suitable for the use ordinarily expected of similar goods and, if relevant:

– they comply with the description given by the seller and possess the qualities which the seller has presented to the consumer as a sample or model;

– they present the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, the producer or their representative, for example in advertising material or labelling

2° Or if they have the features defined by mutual agreement between the parties or are suitable for any special requirement sought by the buyer which was made known to the seller and which the latter agreed to.

Article L217-7 of the Consumer Code: Non-compliances which occur within six months of the delivery of the goods are considered as already existing at the time of delivery, except if the seller can prove otherwise. The seller can fight this assumption if it is not compatible with the nature of the goods or the non-compliance invoked.

Article L217-9 of the Consumer Code: In the event of a non-compliance, the buyer shall choose to have the item repaired or replaced. However, the seller may not abide by the choice of the buyer if this choice entails a cost clearly disproportionate with respect to the other alternative, in view of the value of the goods or the importance of the defect. He is then required to proceed, unless otherwise impaired, with the alternative not chosen by the buyer.

Article L217-12 of the Consumer Code: Legal actions resulting from the non-compliance of goods are time-barred at the end of two years as of the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer requests from the seller, during the course of the commercial guarantee which he was granted upon acquisition or repair of a movable asset, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining term of said guarantee. This period shall run as of the date of the buyer’s request of intervention or of the handing over for repair of said goods, if this provision is subsequent to the request of intervention.

Legal guarantee against hidden defects for products sold

Article 1641 of the Civil Code: The seller is bound to a guarantee against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.

Article 1644 of the Civil Code: Under Articles 1641 and 1643, the buyer has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him.

Article 1648 Paragraph 1 of the Civil Code: An action resulting from redhibitory vices must be brought by the buyer within two years from the discovery of the vice.