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Legal Warranties

LEGAL GUARANTEE OF CONFORMITY

The consumer has a period of 2 years from the delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without any major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests the repair of the goods, but the seller requires their replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:

  • 1° The professional refuses to repair or replace the goods;
  • 2° The repair or replacement of the goods takes place after a period of thirty days;
  • 3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
  • 4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to the rescission of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. The consumer is not then required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to the rescission of the sale if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

GUARANTEE AGAINST HIDDEN DEFECTS

The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a full or partial refund for the defective goods.