Purchasing a product: legal guarantee of compliance

Verified 22 October 2022 - Directorate for Legal and Administrative Information (Prime Minister), Directorate General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)

When you buy a product, it must be consistent with expected use and to seller's description. There is a legal guarantee of compliance. This warranty applies to defects already present to the delivery date. It applies 2 years maximum after delivery of a new good and 1 year for a second-hand good. It also applies to products and services digital. In the event of a dispute, you can call on a mediator. If you fail, you can go to court.

Brand new

The legal guarantee of conformity is a guarantee against all manufacturing defects during the purchase or delivery of a product.

It is mandatory. Every seller must provide a legal guarantee of compliance on each product.

The legal guarantee is different from the commercial guarantee (optional). When you read about a product guaranteed 2 yearsYes, it's the commercial guarantee.

The legal guarantee applies to digital or non-digital assets.

Defects concerned

We're talking about lack of conformity in the following situations:

  • Unsuitable for the usual intended use of a similar good (e.g., a product typically intended for wireless battery operation that must eventually be plugged into the mains)
  • Good that doesn't match the seller's description even though it works perfectly (for example, the color doesn't match the model presented)
  • A good that does not have the qualities advertised by the seller or agreed with you (for example, a fume hood presented as particularly quiet is noisy).
  • Good that has a manufacturing defect, imperfection, poor assembly
  • Installation that was not done correctly by the seller or installation manual incomplete or incomprehensible preventing you from mounting the device properly

Defects can result from:

  • good in itself,
  • the packaging,
  • installation instructions,
  • the installation where it has been made by the seller or carried out under his responsibility.

However, the legal guarantee of conformity does not apply in the following cases:

  • You were aware of the defect at the time of purchase
  • You could not ignore the defect at the time of purchase (for example, if the seller informed you)
  • The defect results from materials you have supplied or added (for example, if you put a noncompliant battery in your phone).

Which contracts are covered by the legal guarantee of compliance?

The legal guarantee of compliance applies to the following contracts:

  • Sale of new or second-hand material goods (objects, furniture or goods),
  • Sale of digital goods and services (subscription or purchase of software, subscription to a television or music channel in streaming, uploading a file, and so on)
  • Supply of goods to be manufactured or produced (furniture, custom windows, etc.).

The legal guarantee of conformity does not apply to goods sold by public auction or by a commissioner of justice (formerly bailiff and judicial auctioneer).

Contracts must be concluded between individual consumer and a salesman professional. The guarantee does not apply in case of sale between 2 individuals or between 2 professionals.

FYI  

water and gas are concerned only when they are sold by volume or in a specific quantity (bottle, tank filling, etc.).

Information by the seller

The seller must inform the customer about his products (essential functions, technical characteristics...).

He must also advise the seller: the seller must inquire about the customer's needs and be able to inform him correctly according to the intended use.

The general terms and conditions of sale (GTC) of the product must include information about the warranty, its implementation, its content and its duration.

FYI  

For a digital product or service, the GTC must, in addition, mention in a sidebar, the following:

  • Information on the price or any other advantage provided in lieu of or in addition to the payment of a price (particular commitment in case of malfunction of the purchased digital good or service: temporary provision of a 4G key, for example)
  • Identity of the trader responsible for the legal guarantee of conformity on goods, digital content and digital services, guarantee of hidden defects, commercial guarantee and after-sales service (name, address, telephone number, email address)
  • Information, via this box, on the foreseeable life of the product and the period during which updates will be provided to the consumer.

Mandatory on the invoice of certain purchases

The invoice must state the legal guarantee of conformity and its duration for the following purchases:

  • Household appliance
  • Computer equipment
  • Consumer Electronic Product
  • Telephone
  • Camera
  • DIY or gardening tool with electric or thermal motor
  • Game and toy, including video game console
  • Sporting goods
  • Watch and clock
  • Lamp and luminaire
  • Sunglasses
  • Furniture

Please note

this statement is not required on invoices for goods purchased at a distance.

Répondez aux questions successives et les réponses s’afficheront automatiquement

You notice a defect less than 2 years after delivery

You have 2 years after delivery of the goods to use the warranty.

The defect is automatically considered to be from before the purchase of the product. You do not have to prove the date of occurrence of the defect.

If the seller disputes the application of the guarantee and considers that the defect has appeared after the purchase, it is up to him to prove it.

You can return the product to the seller against delivery of a deposit ticket or notify it by mail, preferably by registered letter with notice of receipt.

Your mail must be accompanied by proof of purchase: delivery note, invoice, receipt.

The procedure is free.

Please note

for a digital product or service that contains updates, the warranty lasts until the end of receipt of updates. In case of repair of a digital product, the customer can request a extension of the guarantee until the product is refurbished.

You have to choose between repairing and replacing the non-compliant asset. In case of obvious cost difference between the 2 options, the seller can impose the cheapest option.

You can be reimbursed in full (by returning the product) or in part (by keeping the product) if these 2 options:

  • are impossible (for example, if production has been stopped),
  • or cannot be implemented within one month of your claim,
  • or create a major inconvenience.

You can also ask for damages in court if the lack of conformity has caused you harm that you are able to prove. For example, you could not use your washing machine.

FYI  

if you implement the guarantee during the withdrawal period (14 days from receipt of the goods in case of door-to-door selling or distance selling), this will be interrupted. The withdrawal period will start as soon as a new compliant product is delivered, whether it is repaired or replaced.

You notice a defect more than 2 years after delivery

You can benefit from the legal guarantee of compliance for a period of 2 years from the discovery of the non-compliance. This latest discovery may occur several months after delivery. After this period of 2 years from discovery, you can no longer take action to benefit from this guarantee.

You can optionally benefit from:

If your dispute with the seller persists, you can ask a third party to intervene. These may be:

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

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

Second-hand goods

The legal guarantee of conformity is a guarantee against all defects of conformity existing already at the date of delivery of the product.

It is mandatory. It's a consumer right that's set by law. Every seller must respect this right. Its content is also determined by law.

The legal guarantee is different from the commercial guarantee (optional). When a seller talks about a product 1 year warranty (or other term)However, this is usually the commercial guarantee.

The legal guarantee applies to digital or non-digital assets.

Defects concerned

Non-compliance is referred to in the following situations:

  • Unsuitable for the usual intended use of a similar good (e.g., a product typically intended for wireless battery operation that must eventually be plugged into the mains)
  • Good that doesn't match the seller's description even though it works perfectly (for example, the color doesn't match the model presented)
  • A good that does not have the qualities advertised by the seller or agreed with you (for example, a fume hood presented as particularly quiet is noisy).
  • Good that has a manufacturing defect, imperfection, poor assembly
  • Installation that was not done correctly by the seller or installation manual incomplete or incomprehensible preventing you from mounting the device properly

Defects can result from:

  • good in itself,
  • the packaging,
  • installation instructions,
  • the installation where it has been made by the seller or carried out under his responsibility.

However, the legal guarantee of conformity does not apply in the following cases:

  • You were aware of the defect at the time of purchase
  • You could not ignore the defect at the time of purchase (for example, if the seller informed you)
  • The defect results from materials you have supplied or added (for example, if you put a noncompliant battery in your phone)

Which contracts are involved?

The legal guarantee of compliance applies only to contracts:

  • sale of tangible property (e.g. objects, movable property or goods), whether new or used,
  • supply of goods to be manufactured or produced (e.g. production of kitchen furniture, custom-made windows),
  • goods with numerical elements.

The legal guarantee of conformity does not apply to goods sold by public auction or by a commissioner of justice (formerly bailiff and judicial auctioneer).

Contracts must be concluded between consumer and a salesman professional. The guarantee does not apply in case of sale between 2 individuals or between 2 professionals.

FYI  

water and gas are concerned only when they are sold by volume or in a specific quantity (bottle, tank filling, etc.).

The seller has a general obligation to provide information about his products (essential functions, technical characteristics...).

It also has an obligation to advise: the seller must inquire about the needs of the customer and be able to inform him correctly according to the intended use.

The general terms and conditions of sale (GTC) of the product must include information on the warranty, its implementation and its content.

FYI  

For a digital product or service, the GTC must, in addition, mention in a sidebar, the following:

  • Information on the price or any other advantage provided in lieu of or in addition to the payment of a price (particular commitment in case of malfunction of the purchased digital good or service: temporary provision of a 4G key, for example)
  • Identity of the trader responsible for the legal guarantee of conformity on goods, digital content and digital services, guarantee of hidden defects, commercial guarantee and after-sales service (name, address, telephone number, email address)
  • Information, via this box, on the foreseeable life of the product and the period during which updates will be provided to the consumer.

Répondez aux questions successives et les réponses s’afficheront automatiquement

You notice a defect less than 1 year after delivery

The defect shall automatically be considered to exist at the time of delivery. You do not have to provide proof of the date of occurrence of the defect.

If the seller disputes the application of the guarantee and considers that the defect has appeared after delivery, it is up to him to prove it.

You can return the product to the seller against delivery of a deposit ticket or notify it by mail, preferably by registered letter with notice of receipt.

Your mail must be accompanied by proof of purchase: delivery note, invoice, receipt,...

The procedure is free.

Warning  

after this period of 1 year, it is up to you to prove that the defect was present at the time of delivery.

You have to choose between repairing and replacing the non-compliant asset. In case of obvious cost difference between the 2 options, the seller can impose the cheapest option.

You can be reimbursed in full (by returning the product) or in part (by keeping the product) if these 2 options:

  • are impossible (for example, if production has been stopped),
  • or cannot be implemented within one month of your claim,
  • or create a major inconvenience.

You can also ask for damages in court if the lack of conformity has caused you harm that you are able to prove, such as usage deprivation. For example, you could not use your washing machine.

FYI  

if you implement the guarantee during the withdrawal period (14 days from receipt of the goods in case of door-to-door selling or distance selling), this will be interrupted. The withdrawal period will start as soon as a new compliant product is delivered, whether it is repaired or replaced.

You notice a defect more than 1 year after delivery

The legal guarantee of conformity can be implemented during a period of 2 years. Beyond 1era year (during which the non-conformity is presumed) it is your responsibility to prove that the non-conformity existed before the sale.

You can return the product to the seller or notify it by mail, preferably by registered letter with notice of receipt.

Your mail must be accompanied by proof of purchase: delivery note, invoice, receipt...

You have to choose between repairing and replacing the non-compliant asset. In case of obvious cost difference between the 2 options, the seller can impose the cheapest option.

You can be reimbursed in full (by returning the product) or in part (by keeping the product if these 2 options:

  • are impossible (for example, if production has been stopped),
  • or cannot be implemented within one month of your claim,
  • or create a major inconvenience.

You can also ask for damages in court if the lack of conformity has caused you harm that you are able to prove, such as usage deprivation. For example, if you were unable to use your washing machine.

If your dispute with the seller persists, you can ask a third party to intervene. These may be:

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

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

Who can help me?

Find who can answer your questions in your region

  • 0809 540 550 DGCCRF - ResponseConso

    Having trouble following a purchase? Do you have a question about a point of law before buying or ordering?

    You can get an answer from a DGCCRF: titleContent by calling the 0809 540 550.

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