What is a consumer?
Consumers are natural persons who act outside the framework of their commercial, industrial or professional activity or their trade.
Consumers act for private purposes.
What is a professional?
A professional is a natural or legal person (e.g. a company, trader) who acts within the context of a commercial, industrial, professional activity or trade.
What is the legal guarantee of conformity for goods and how does it work?
The legal guarantee of conformity for goods applies only to sales contracts between a professional (seller) and a consumer.
Whenever you purchase a brand-new product from a professional seller, the legal guarantee of conformity for that good applies automatically. It runs for two years from the date of the delivery, i.e. from the moment you physically take possession of the good.
During these two years, if the product shows a lack of conformity (a defect), you may ask the professional who sold it to you to repair it. You can also ask for an exchange of the good, for a proportional reduction in price or for the termination of the contract.
What does “lack of conformity” mean?
A “lack of conformity” arises in situations where:
- the product is not in line with the criteria listed in the contract;
- the product is inconsistent with the description provided by the seller;
- the product is not of the same quality as the sample or model that was initially shown to the consumer; or
- the product lacks the quality normally expected for its category of goods, for instance it does not work properly or only fulfils some of its features.
If a new product is defective at the time of delivery or if the defect become apparent within the first two years, you are entitled to make a claim under the legal guarantee of conformity to the professional who sold you the good.
What is the difference between the legal guarantee of conformity and a commercial guarantee?
The legal guarantee of conformity necessarily applies to the sale of goods between a professional and a consumer.
A commercial guarantee or a “warranty”, on the other hand, is a voluntary contract between the seller or the producer and the consumer. Such a warranty can either be free of charge or incur a fee for the consumer.
A commercial guarantee or warranty must list the terms and conditions of the contract explicitly and clearly and it has to be in French or in German. Its terms may entitle the consumer to request the repair of the good.
If you entered into a commercial guarantee with a professional, please check the terms of your contract if you notice a defect in the product you purchased.
Do you have to provide proof to the professional of a lack of conformity in a good you purchased?
For the legal guarantee of conformity to apply, the identified defect must have existed at the time of its delivery.
If a lack of conformity (a defect) becomes apparent in a product within the first 12 months of its delivery, you benefit from a so-called “legal presumption”. This means that it will be assumed that the defect in fact existed at the time of delivery. In other words, you can automatically enforce your rights under the legal guarantee of conformity for goods without having to provide any evidence.
After 12 months, you no longer benefit from this “legal presumption” which means that if a defect appears after this time, you need to prove to the seller that the defect did in fact exist at the moment of delivery of the good.
For contracts concluded before January 1, 2022, a 6-month period instead of 12 months is applicable.
Does the legal guarantee of conformity apply to online purchases?
Yes.
Your rights are the same under the legal guarantee of conformity, whether you purchased the good on the high street or online.
Does the legal guarantee of conformity apply to second-hand goods?
Yes.
In principle, the duration of the legal guarantee of conformity for second-hand goods is also two years.
However, a seller has the right to apply, in writing, a shorter warranty period for second-hand goods. The legal guarantee of conformity may under no circumstances be less than one year.
What guarantees apply for second-hand cars?
For second-hand cars, the following rules apply:
- if a car’s first registration was less than a year before the purchase of the second-hand car, the legal guarantee of conformity is two years, i.e. it is the same as for a brand-new car;
- if the car’s first registration was more than a year before the purchase of the second-hand car, the usual legal guarantee of conformity for second-hand goods applies (i.e. minimum one year).
What pre-contractual information should you receive before purchasing a product?
Before signing a sales contract, the professional must:
- provide you with clear and transparent information on the essential features of the product; and
- inform you of the legal guarantee of conformity, whether there is after-sales customer service and whether commercial guarantees are available, as well as the applicable conditions.
Is the repair for a product presenting a defect free of charge?
Yes.
Repairs to goods presenting a lack of conformity (a defect) are free of charge.
The repair must:
- be free of charge (including shipping, transport, labour and materials);
- take place within a reasonable timeframe; and
- not represent a major inconvenience for the consumer (for instance if the product is not returned for some time or if organising shipping for the repair is complicated).
In the event of a repair, is the legal guarantee of conformity extended?
No.
The original two-year legal guarantee of conformity period applies unchanged.
You will benefit from a new legal guarantee of conformity for the spare parts used for the repair.
May a professional refuse to repair a product under the legal guarantee of conformity?
If the product cannot be repaired, or if the cost of doing so would be disproportionately high for the seller, he/she may refuse to proceed with the service.The professional may only refuse to repair a product if it is not possible to repair it or if it would result in disproportionate costs for the seller.
In such cases, you are entitled to:
- request the exchange of the product;
- request a proportional price reduction; or
- request the termination of the contract (in which case you must return the good to the seller to get a refund).
What happens if you got the product repaired but the repair did not work or the product still lacks conformity?
During the period covered by the legal guarantee of conformity, if a good presents a conformity defect and you want to get it repaired, you must contact your seller.
If the repair is not successful, you may:
- request the exchange of the product;
- request a proportional price reduction; or
- request the termination of the contract (in which case you must return the good to the seller to get a refund).
If the legal guarantee of conformity no longer applies or if the problem is not related to a conformity defect, (e.g. it has been damaged) and
- you contacted a professional repairs provider: as a result of the contract between yourself and this professional, they must repair the product again.
- you contacted a non-professional repairs provider: these situations must be assessed on a case-by-case basis.
Can I request an invoice if my product needs to be repaired under the legal guarantee of conformity or under a commercial guarantee?
Yes.
The invoice must list the tasks performed and, if appropriate, the exchanged or added parts, as well as the time required for the repair.
What is an after-sales service?
There is no legal definition for after-sales customer service and sellers are not obliged to provide after-sales services.
Professionals must however inform consumers of the availability or not of such a service before the sale is complete.
Does the Consumption Code impose the provision of specific information on the repairability of goods to consumers?
No.
The Consumption Code does not set forth any such measures. The only exception is where repairability is a core feature of the product (e.g. goods guaranteed to last a lifetime). If so, the specifics of the repairability must be explained to the consumer.
In 2021, France launched its Repairability Index, covering: washing machines, televisions, laptops, smartphones and electric lawnmowers. The higher the index, the easier it is to repair the products listed.
There are currently no plans for a larger-scale, European index.
Do I have to enter into a written contract if my product is repaired outside the framework of a guarantee?
A written contract is not compulsory, but it is recommended.
Even in the absence of a written contract, your rights will remain the same. However, should you ever require evidence of a repair, it may be difficult to provide.
What if spare parts to repair a product are no longer available?
On 1 October 2019, the European Commission adopted its ecodesgin measures. The terms set forth a minimum period during which spare parts must remain available and for which goods, as well as criteria for the access to information about product maintenance and repairs.
This list includes refrigerators, washing machines, dishwashers and many more.
What about associations or volunteers who offer repair services?
If these associations or volunteers provide their services free of charge, they may repair products based on their right of establishment. However, please note that the guarantees that fall under the Consumer Code do not apply in such cases.
As to the association or volunteer’s liability in the case of free repair services, they may contract insurance against third-party liability to cover the association, its directors, members and volunteers.
If associations offer paid repair services, then they are likened to professional repairs providers and the provisions of the Consumption Code shall apply.
Often, in such cases, associations choose to partner with qualified and authorised professionals so they are in line with the various applicable regulations.