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Purchase a product: commercial guarantee

Verified 03 October 2019 - Directorate for Legal and Administrative Information (Prime Minister), Directorate-General for Competition, Consumption and Fraud Prevention (DGCCRF)

The commercial guarantee allows you to have a refund, to replace or to repair a purchased product (appliance, car, armchair...). It may be offered freely by the seller or the manufacturer. It can be free or paid. It is optional and in addition to mandatory legal guarantees.

The commercial guarantee allows:

  • or to have your purchase reimbursed,
  • or to repair your property (computer, washing machine...)
  • replace your failed asset.

It can take different names according to the contracts: conventional warranty, contractual warranty, manufacturer warranty, manufacturer warranty, warranty extension, replacement...

It is this guarantee which is referred to by the type indications 2 year warranty displayed in store or on the product.

It is different from guarantees legal compliance and hidden defects.. The commercial guarantee is optional, each seller or manufacturer is free to offer it to you (or not) for the duration they wish.

The failure to qualify for the commercial guarantee may have occurred after or before the purchase.

This warranty is a supplement to the legal warranties, not a substitute for them, but a supplement to them. You can always implement legal guarantees in case of problems.

FYI  

telephone operators or sellers may offer to pay a fee to have your phone replaced in the event of a breakdown or theft. This device is an insurance and not a commercial guarantee.

The seller or manufacturer is free to define the conditions of application of his commercial guarantee. For example, the warranty may cover parts, but not labor. It can also exclude certain parts (for example, a phone's battery) or certain failures. For example, the trader may exclude from the warranty any damage caused by misuse of the product or normal time-related damage.

All these conditions must be stated in a written warranty agreement given by the seller (or manufacturer).

This contract shall contain the following information:

  • Warranty content (which parts are covered....)
  • Information required for its implementation (where you must hand over the defective product....)
  • Duration, its territorial scope (if you can put the product in a store of the chain abroad...)
  • Seller or manufacturer contact information
  • Contingent cost
  • Reminder of the seller's (or manufacturer's) obligation to comply with legal guarantees (compliance and hidden defects) in addition to the commercial guarantee. The written contract must reproduce the articles of the consumer code (L217-4, L217-5 and L217-12 , L217-16 ) and the Civil Code (Articles 1641 and 1647 ) concerning these legal guarantees.
  • Extension of the guarantee in case of immobilization of the property during its repair or replacement for more than 7 calendar days.. Contract must replicate Article L217-16 of the consumption code.

If the trader does not comply with these provisions, the guarantee shall remain valid. Similarly, if any of this information is not present in the contract, the buyer can still implement these guarantees.

The term of the commercial guarantee is freely determined by the seller or manufacturer and must be mentioned in the contract. This warranty extends the legal guarantee of conformity. It can be free or paid.

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Free warranty

She can name herself manufacturer guarantee or manufacturer guarantee..

Warranty paid

She can name herself warranty extensionor new exchange guarantee..

You must agree to any additional payment. The seller cannot consider that you accept certain options because you have not explicitly opposed them (for example, if the contract contains pre-ticked boxes).

If you realize that the contract contains provisions that you have not subscribed to, you can ask the seller or manufacturer to reimburse you.

Proof of failure

You can have the purchased property repaired under the terms of the contract without having to prove the fault affecting it.

More often than not, you have to make a simple statement.

Purchase Voucher

To qualify for the warranty, you must provide the seller or manufacturer with a dated and original proof of purchase. This proof must prove that you have purchased this property on such date: delivery note, receipt, invoice...

The seller or manufacturer may also provide you with a specific document to submit.

During repairs

In the case of repair of a property under commercial guarantee, any period of immobilization of the property of at least 7 calendar days is in addition to the remaining warranty period.

For example, if the seller keeps your TV for 8 days, your warranty that was due to end on September 6, 2019 will end on September 14, 2019.

Please note

the commercial guarantee contract may provide for the making available of a replacement asset during the period of the asset's immobilization (e.g. courtesy vehicle). However, this is not an obligation for the professional, you cannot demand this loan.

If the seller or manufacturer refuses to apply the terms of his warranty (repair or refund), you can put him in a formal notice, that is to say, give him a final period to meet his obligations.

You must send a letter by registered mail with acknowledgement.

Forcing the seller to enforce the commercial warranty for a device that often fails

In the event of a persistent dispute, you can ask a third party to intervene. These may include:

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

You can also request damages damage suffered as a result of the immobilization of the property or damage to the product during repairs.

The court having jurisdiction shall depend on the sums involved in the dispute.

  • For a dispute less than or equal to €10,000, it is the local court or the judicial court.
  • For litigation greater than €10,000, it's the court.

If you are not eligible for the commercial guarantee (e.g. expired), you can still use legal warranties (compliance and hidden defects).

If the property purchased is no longer under commercial warranty and if none of the legal warranties can apply, you can use the after-sales service ..

The VAS will repair the product without your benefit of warranty rights. The repair will therefore be paid. You can ask for a quote.

The seller must provide you with the following information in advance:

  • His contact details
  • Description of the service
  • Repair price and turnaround time

After-sales services must be covered by a written contract delivered to the buyer.

When the repair benefits are charged on a flat-rate basis, you must be notified in writing:

  • the cause of the failure,
  • the nature of the intervention,
  • and replaced parts and supplies.