INFORMATION REGARDING LEGAL WARRANTIES FOR PRODUCTS
(Version dated 01/01/2017)
Products supplied by the seller benefit automatically and without additional payment, independently of the right of withdrawal, from:
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The legal warranty of conformity under the conditions of Articles L217-4 and following of the French Consumer Code, for products that are visibly defective, damaged, or not as described in the order;
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The legal warranty against hidden defects resulting from a material, design, or manufacturing fault that renders the delivered products unfit for use, under the conditions laid out in Articles 1641 and following of the French Civil Code.
When acting under the legal warranty of conformity, the consumer:
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Has two years from the delivery of the product to take action;
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Can choose between repair or replacement of the product, subject to cost conditions stated in Article L217-9 of the Consumer Code;
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Is not required to prove the defect for any nonconformity that appears within 24 months of delivery, except for second-hand goods.
The legal warranty of conformity applies independently of any commercial warranty that may be offered.
The consumer can also choose to invoke the warranty against hidden defects as defined in Article 1641 of the Civil Code. In such a case, they may choose between cancellation of the sale or a reduction in the purchase price in accordance with Article 1644 of the Civil Code.
Articles from the French Consumer Code related to the warranty of conformity
Article L217-4: The seller must deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. This also includes issues related to packaging, installation instructions, or installation itself when it is the seller’s responsibility.
Article L217-5: A product is compliant if it is:
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Suitable for the usual purpose of a similar product and, where applicable:
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Matches the description provided by the seller and has the qualities presented in any sample or model;
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Has the qualities that a buyer can reasonably expect given public statements by the seller, manufacturer, or representative (e.g., advertising or labeling);
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Or if it has features agreed upon by both parties or is suitable for a specific use that the buyer made known to the seller and which was accepted.
Article L217-6: The seller is not bound by public statements made by the manufacturer or its representative if they can prove they were unaware and could not reasonably have known them.
Article L217-7: Any defect appearing within 24 months from delivery is presumed to have existed at the time of delivery unless proven otherwise. For second-hand goods, the period is reduced to six months. This presumption can be overturned if it’s inconsistent with the nature of the product or the defect.
Article L217-8: The buyer has the right to demand a compliant product. However, they cannot challenge conformity based on a defect they knew about or could not have ignored at the time of contract, nor if the defect stems from materials supplied by the buyer.
Article L217-9: In case of non-conformity, the buyer can choose between repair or replacement. The seller may refuse the buyer’s choice if it results in a disproportionate cost compared to the alternative, considering the product’s value or the severity of the defect.
Article L217-10: If repair and replacement are impossible, the buyer can return the product and get a refund or keep it and receive a partial refund. This also applies:
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If the requested, offered, or agreed solution cannot be implemented within one month after the buyer's claim;
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Or if the solution causes a major inconvenience considering the product’s nature and use.
Cancellation of the sale cannot occur if the nonconformity is minor.
Article L217-11: The buyer incurs no cost for the application of Articles L217-9 and L217-10. These provisions do not preclude the awarding of damages.
Article L217-12: Actions for nonconformity must be brought within two years from the delivery of the product.
Article L217-13: These provisions do not prevent the buyer from exercising their rights under the warranty against hidden defects (Articles 1641–1649 of the Civil Code) or any other contractual or extra-contractual rights granted by law.
Article L217-14: A right of recourse is available to the final seller against previous sellers, intermediaries, and the manufacturer, in accordance with the Civil Code.
Articles from the French Civil Code on the warranty against hidden defects
Article 1641: The seller is liable for hidden defects that make the product unfit for its intended use, or that so impair its use that the buyer would not have purchased it, or would have paid less, had they known.
Article 1642: The seller is not liable for visible defects that the buyer could have detected themselves.
Article 1642-1: For real estate under construction, the seller cannot be relieved of responsibility for visible defects before work completion or within one month after the buyer takes possession. No contract cancellation or price reduction applies if the seller commits to repair.
Article 1643: The seller is liable for hidden defects even if unaware of them, unless the contract expressly states otherwise.
Article 1644: In cases under Articles 1641 and 1643, the buyer can choose to return the product for a full refund or keep it and receive a partial refund.
Article 1645: If the seller knew of the defect, they must refund the buyer and pay damages.
Article 1646: If the seller was unaware, they must refund the buyer and cover the sales-related costs.
Article 1646-1: For real estate under construction, from the time work is completed, the seller is liable under the same terms as architects or contractors per Articles 1792 to 1792-3 of the Civil Code.
These guarantees benefit subsequent owners as well.
No contract cancellation or price reduction applies if the seller commits to repair the damages described in the relevant articles.
Article 1647: If the defective item is destroyed due to the defect, the seller bears the loss and must refund the price and pay damages as per the previous articles. If the loss is due to chance, it is borne by the buyer.
Article 1648: Legal action must be taken within two years of discovering the defect.
In the case described in Article 1642-1, action must be taken within one year of the date the seller could be released from liability.
Article 1649: These provisions do not apply to sales made under judicial authority.