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Purchase of a product: legal guarantee of hidden defects

Verified 09 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)

You buy one good or a product and the latter does not work as expected, because he's defective ? What are your rights ? How to make them respect and in which time limits ? We present you with the information you need to know.

The legal guarantee of hidden defects allows you to obtain a full refund (cancelation of the sale) or partial refund of your purchase and compensation in case of damage.

In order to implement the guarantee, the following 3 conditions must be met:

  • The defect must be a hidden defect, i.e. not apparent at the time of purchase
  • The defect must render the good unusable or greatly reduce its use
  • The defect must exist at the time of purchase

Warning  

the guarantee does not apply to auctions.

The general conditions of sale (GTC) must include information on the legal guarantee of hidden defects, its implementation and sound content.

You have 2 years from discovery of defect to implement the legal guarantee of hidden defects.

The duration of this warranty is limited to 20 years after purchase.

You must send the seller a registered letter with notice of receipt.

You must specify the type of refund and the compensation you want.

You can use the following model:

Request the application of the legal guarantee of hidden defects for a new and defective purchased good

Your mail must be accompanied, in particular, by the following documents: delivery note, receipt...

You can also return the goods directly to the seller against the delivery of a deposit ticket if you want a full refund.

It's up to you to prove the existence of the hidden vice. To do this, you can produce the various certificates or repair quotes.

You can also arrange for a friendly expert opinion (i.e. ask a professional opinion on a technical issue). To find an expert near your home, you can consult the list of accredited experts from the courts.

Who shall I contact

Reimbursement in whole or in part

You have the choice between the following 2 solutions:

  • Either keep the product and ask for a price reduction
  • Either return the product, ask for a refund of the price paid and the costs incurred by the sale

Compensation

If you believe that the professional seller knew about the defect, you can also request additional compensation. This request may be made at the same time as the request for reimbursement.

Claim for hidden defect

This compensation can cover all the damage caused (e.g. physical injury, clothes damaged by a washing machine).

Mediation or conciliation

If the dispute persists, you can choose one of the following solutions:

Bring the matter before the court

If mediation or conciliation has failed, you can go to court.

Then you can to seek damages.

The competent court depends on the amount of the dispute.

The competent court depends on the sums involved in the dispute.

  • For a case less than or equal to €10,000, it is the local court or the judicial court.
  • For a case greater than €10,000No, it's the court.
Who shall I contact

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