The consumer has a period of two years from the
date of delivery of the goods to enforce the legal
warranty of conformity if a lack of conformity
appears. During this period, the consumer is only
required to establish the existence of the lack of
conformity and not the date of its appearance.
Where the contract for the sale of the goods provides
for the supply of digital content or a digital service on
a continuous basis for a period of more than two
years, the legal warranty shall apply to that digital
content or digital service throughout the period of
supply provided. During this period, the consumer is
only required to establish the existence of the lack of
conformity of the digital content or service and not
the date of its appearance.
The legal warranty of conformity entails an obligation
on the part of the seller, where applicable, to provide
any updates necessary to maintain the conformity of
the goods.
The legal warranty of conformity gives the consumer
the right to have the goods repaired or replaced
within thirty days of his request, free of charge and
without any major inconvenience to him.
If the goods are repaired under the legal guarantee of
conformity, the consumer benefits from a six-month
extension of the initial warranty.
If the consumer asks for the good to be repaired, but
the seller imposes a replacement, the legal
guarantee of conformity is renewed for a period of
two years from the date of the replacement of the
good.
The legal warranty of conformity gives the consumer
the right to have the goods repaired or replaced
within thirty days of his request, free of charge and
without any major inconvenience to him.
If the goods are repaired under the legal guarantee of
conformity, the consumer benefits from a six-month
extension of the initial warranty.
If the consumer asks for the good to be repaired, but
the seller imposes a replacement, the legal
guarantee of conformity is renewed for a period of
two years from the date of the replacement of the
good.
The consumer may obtain a reduction in the
purchase price by keeping the goods or terminate the
contract by obtaining a full refund in exchange for the
return of the goods, if:
1° The seller refuses to repair or replace the goods;
2° The goods are repaired or replaced after a period
of thirty days;
3° The repair or replacement of the goods causes
major inconvenience to the consumer, in particular
where the consumer definitively bears the cost of
taking back or removing the non-conforming goods,
or if he bears the cost of installing the repaired or
replacement goods;
4° The non-conformity of the goods persists despite
the seller’s unsuccessful attempt to bring them into
conformity.
The consumer shall also be entitled to a reduction in
the price of the goods or to rescission of the contract
where the lack of conformity is so serious as to justify
immediate reduction in the price or rescission of the
contract. The consumer is then not obliged to request
repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the
lack of conformity is minor.
Any downtime period for the purpose of repair or
replacement shall suspend the warranty which was
due until delivery of the repaired goods.
The rights mentioned above result from the
application of Articles L. 217-1 to L. 217-32 of the
Consumer Code.
A seller who obstructs the implementation of the
legal warranty of conformity in bad faith is liable to a
civil fine of up to 300,000 euros, which may be
increased to 10% of its average annual turnover
(Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty
for hidden defects under Articles 1641 to 1649 of
the Civil Code, for a period of two years from the
discovery of the defect. This warranty entitles the
consumer to a price reduction if the goods are kept or
to a full refund in return for the return of the goods.
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