Purchasing a product: legal guarantee of compliance

Verified 12 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When you buy a product or a digital service, it must be consistent with expected use and to the seller's description. In case of defect existing at the time of delivery of the good or service, you can implement the legal guarantee of compliance. The defect must appear within a period of 2 years from the date of delivery of the goods, whether it's new, used, refurbished, or digital. In the event of a dispute, you can call on a mediator and then take the case to court if it fails.

Warning  

The legal guarantee of compliance applies only contracts concluded between a individual consumer and a salesman professional.

It covers new and second-hand purchased goods, digital goods, content and services.

The legal guarantee of compliance does not apply to second-hand goods sold at public auction, new or second-hand goods sold by an individual or a commissioner of justice (formerly bailiff and judicial auctioneer), the sale of domestic animals, free digital content and services even if they are on a material medium (for example, USB flash drive, CD).

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.

Warning  

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

Information by the seller

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

He must also advise you: the seller must inquire about your needs and be able to inform you 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. These are given to you before the signature of the contract for the sale of goods.

Warning  

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.

To be able to implement the legal guarantee of compliance, the following 2 conditions must be met:

  • The default must exist at the time of acquisition
  • The property must have been purchased from a professional

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, an extractor 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.

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, file download, online video games,...)
  • Supply of goods to be manufactured or produced (furniture, custom windows, etc.).

FYI  

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

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)
  • The defect is not due to the product, but to its misuse

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

For a digital product or service that contains updates, the warranty lasts until the end of receipt of updates.

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. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the first working day next.

The time period during which you do not have to provide proof of lack of conformity differs depending on whether the goods are new or digital or used or repackaged:

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Brand new or digital

The defect is ex officio considered to be prior to the purchase of the product (referred to as presumption of prior art). 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.

Used or reconditioned goods

You have 2 years from the day of delivery of the goods to implement the guarantee.

Non-compliance shall automatically be considered to exist for a period of one year. 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.

Warning  

After one year, you can still implement the legal compliance guarantee, but it's up to you to prove it the existence of the lack of conformity on the day of the sale.

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.

Request repair or replacement of the property

You must choose between the reparation and the replacement non-conforming property. In case of obvious cost difference between the 2 options, the seller can impose the cheapest option.

Repair or replacement of the property must occur within 30 days of your request.

If you have made the choice to get the reparation of your product, you benefit from a 6-month extension of initial warranty.

If the seller requires you to replacement of the property, the period of the legal guarantee of conformity of 2 years and renewed from the replacement of the property.

Please note

In case of repair of a digital product, the customer can request a extension of the guarantee until the product is refurbished.

The repair of the goods or their replacement must not give rise to any costs (delivery, labor, material,...).

Repairing or replacing the property should not cause you any major inconvenience. That is, the property does not have the qualities advertised by the seller or agreed with you. It may also be a good that has a manufacturing defect, an imperfection, a poor assembly.

You have the right to suspend payment of the balance of the price or part of the price until the seller has fulfilled his obligations.

Request a price reduction or contract termination

You can get a full refund by returning the product (termination of the contract) or partially by keeping the product (price reduction), if the repair or replacement:

  • are impossible (for example, if production has been stopped),
  • or cannot be implemented within one month of your claim,
  • or create a major inconvenience (that is, the good does not have the qualities advertised by the seller or agreed with you. It may also be a good that has a manufacturing defect, an imperfection, a poor assembly).

Please note

The reduction of the price or the termination of the contract must not give rise to any costs (delivery, labor, material,...). However, if this is the case (postal charges for returning the goods, for example), they must be refunded to you.

Seek damages

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.

It's the professional salesman who should offer you a solution.

You don't have the opportunity to go to the manufacturer, the manufacturer, or the importer of the good.

Yes, because the warranty is on the property. As a result, if a good that is still under warranty is sold by its owner to another consumer (under buyer), the warranty is still with the professional seller.

Report to Signal Conso

You can report or seek advice on fraud enforcement using the Signal Conso service:

Conso Signal: Report a Problem with a Merchant

Mediation or conciliation

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

Seek justice

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

Under certain conditions, you can benefit from:

Who can help me?

Find who can answer your questions in your region

  • Dedicated consumer-only number

    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.

    Opening hours of the service:

    No surtax number

    • Monday and Tuesday: from 8:30 am to 12:30 pm and from 1:15 pm to 5:15 pm
    • Wednesday: 13:15 to 17:15
    • Thursday: from 8:30 to 12:30
    • Friday: from 8:30 am to 4 pm