Provisions relating to legal warranties
French decree of December 18, 2014 relating to the information contained in the general
conditions of sale regarding legal guarantee - Articles 2 and 3
The seller is held to the defects of conformity of the good to the contract in the conditions of the
article L. 211-4 and following of the code of the consumption and the hidden defects of the thing
sold under the expected conditions in articles 1641 and following of the French civil code.
The customer:
- benefits from a period of two years from delivery of the property to act;
- may choose between the repair or replacement of the property, subject to the cost conditions
provided for in Article L. 211-9 of the French Consumer Code;
-is exempted from reporting the proof of the lack of conformity of the property during the six
months following the delivery of the property. This period is extended to twenty-four months
from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies regardless of the commercial guarantee that may be
granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold
within the meaning of Article 1641 of the French Civil Code and that in this case, he can choose
between the resolution of the sale or a reduction of the selling price in accordance with Article
1644 of the French Civil Code.
Article L211-4 of the French Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack
of conformity existing at the time of delivery. He also responds to any lack of conformity resulting
from the packaging, the assembly instructions or the installation when it has been charged to
him by the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code
To be in conformity with the contract, the property must:
- Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented
to the buyer in the form of a sample or a model
- present the qualities that a buyer can legitimately expect given the public statements made by
the seller, the producer or his representative, in advertising or labeling
- Or have the characteristics defined by mutual agreement by the parties or be fit for any special
purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-12 of the French Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of
the goods.
Article 1641 of the French Civil Code
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