Regardless of the commercial warantee below, we remain bound by the legal guarantee of conformity mentioned in articles L. 211-4 of the French Consumer Code and the legal guarantee involving latent defects defined in article 1641 of the French Civil Code.
Conformity guarantees (extract from the French Consumer Code):
Article L211-4 of the Consumer Code : “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, mounting guidelines or installation, if the contract mention the consumer responsability or if the product has been carried out under its responsibility “.
Article L211-5 of the Consumer Code: “To be in conformity with the contract, the product must:
-Be fit for the usual expected use of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or a model ; Present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
-Or presenting the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted “. Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.
Legal guarantee involving latent defects (extract of the French Civil Code):
Article 1641 : “The seller is bound by the guarantee for reasons of hidden defects of the thing sold which makes it unsuitable for the use for which it is intended, or which reduce so much such use that the buyer would not have acquired it, or would have given a lower price, had he known it.
Article 1648: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect”.
It is recalled that, when acting as a legal guarantee of conformity, 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 L211-9 of the Consumer Code;
-is exempted from reporting the proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the good. This period is extended to 24 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 customer can therefore decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.
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 Civil Code. If the supplied goods have a lack of conformity, the customer may demand the elimination of the defect by the repair of the product, or by the delivery of a free of defect goods . We may refuse the choice of the customer if this choice has a cost that is disproportionate with regard to the other modality, given the value of the property or the size of the defect. We have then the obligation to proceed, except impossibility, to the modality not chosen by the customer. If the repair and replacement are impossible, the customer can return the goods and get the price back or keep the goods and get a part of the price back.
The same faculty is open to him if:
-The solution requested, proposed or agreed in accordance with the paragraph COMMERCIAL WARRANTY cannot be implemented within one month of the complaint of the customer.
-This solution cannot be chosen without major inconvenience for him, taking into account the nature of the goods and the use that it seeks.
The cancellation of the sale cannot however be pronounced if the lack of conformity is minor. In addition, the specific provisions of the LIABILITIES section of these general conditions apply to claims for damages made by the customer.