FAQ

Legal guarantees

The manufacturer’s commercial warranty or our company’s commercial warranty does not affect the consumer’s right to the legal warranty against hidden defects on the products sold and the legal warranty of conformity of goods to the contract.

Legal Warranty of Conformity (see reference texts below):

When the customer acts under the legal warranty of conformity:

They have a period of 2 years from the delivery of the goods to take action (Article L217-12 of the Consumer Code).
They can choose between the repair or replacement of the goods, subject to certain cost conditions provided by Article L.217-9 of the Consumer Code.
They are exempt from proving the existence of the conformity defect during the 24 months following the delivery of the goods, and 12 months for second-hand goods.
They can benefit from this independently of the commercial warranty or the manufacturer’s warranty.

Legal Warranty Against Hidden Defects on Sold Products (see reference texts below):

The customer can invoke the legal warranty against hidden defects in the sold item provided by Article 1641 of the Civil Code. In this case, they have the choice to return the item and get a refund, or keep the item and receive a partial refund in accordance with Article 1644 of the Civil Code.

Legal Warranty of Conformity (Consumer Code):

This warranty allows you to choose between repair and replacement of the goods, and in case of impossibility, to obtain a refund or keep the goods and receive a partial refund. The implementation of this warranty is free of charge for you.

Article L217-3: The seller delivers goods in conformity with the contract as well as with the criteria set out in Article L. 217-5.

They are responsible for any conformity defects existing at the time of delivery, as defined in Article L. 216-1, that appear within two years from the delivery.

In the case of a contract for the sale of goods including digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or when the contract does not determine the duration of supply, the seller is responsible for conformity defects in this digital content or service that appear within two years from delivery;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is responsible for conformity defects in this digital content or service that appear during the period in which it is provided under the contract.

For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.

The seller is also responsible, within the same time limits, for conformity defects resulting from packaging, assembly instructions, or installation when this is the seller’s responsibility under the contract or has been carried out under their responsibility, or when incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to Articles 2224 and following of the Civil Code. The starting point for the limitation period of the consumer’s action is the day the consumer becomes aware of the conformity defect.

Article L217-5: In addition to the criteria of conformity to the contract, the goods are conforming if they meet the following criteria:

1° They are suitable for the use normally expected of goods of the same type, considering, where applicable, any provisions of European Union and national law as well as any technical standards or, in the absence of such technical standards, applicable sector-specific codes of conduct;

2° Where applicable, they possess the qualities presented by the seller to the consumer in the form of a sample or model before the contract was concluded;

3° Where applicable, the digital elements they include are supplied according to the latest version available at the time the contract was concluded, unless otherwise agreed by the parties;

4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer can reasonably expect;

5° Where applicable, they are provided with the updates that the consumer can reasonably expect, in accordance with the provisions of Article L. 217-19;

6° They correspond to the quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, that the consumer can reasonably expect for goods of the same type, considering the nature of the goods as well as any public statements made by the seller, by any person in the previous stages of the transaction chain, or by a person acting on their behalf, including in advertising or labeling. (…)

Article L217-13: Any goods repaired under the legal warranty of conformity benefit from an extension of this warranty by six months. If the consumer chooses repair but it is not carried out by the seller, the replacement of the goods under conformity makes the new legal warranty period run from the day the replacement goods are delivered to the consumer. This provision applies from the day the replacement goods are delivered to the consumer.

Legal Warranty Against Hidden Defects on Sold Products (Civil Code)

Article 1641: The seller is liable for hidden defects in the sold item that make it unfit for the intended use, or that so diminish this use that the buyer would not have purchased it, or would have paid a lower price if they had known about the defects.

Article 1644: In the cases provided for in Articles 1641 and 1643, the buyer has the option to return the item and get a refund, or keep the item and receive a partial refund.

Article 1648, first paragraph: The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

It is reminded that any commercial warranty applies without prejudice to the consumer’s right to benefit from the legal warranty of conformity, under the conditions provided for in Articles L217-1 to L217-32 of the Consumer Code, and the warranty against hidden defects, under the conditions provided for in Articles 1641 to 1649 of the Civil Code.