Section actions
Duration: Immediate request after finding; repair or replacement at the latest in the 30 days following the request
Cost: Compliance must be free of charge to the consumer, including the necessary costs of transport, parts and labour
Possible online
Who this guide is for
Section actions
- Consumers who purchase new, used or repackaged goods from a professional
- Purchasers of non-compliant digital content or service
- French or foreign residents: the guarantee depends on the consumer contract, not on nationality
To be prepared in advance
Section actions
- Invoice, ticket, delivery note or other proof of purchase and date of issue
- Precise description of the defect, photographs or videos
- Exchanges with the seller and proof of return of the product in repair
- Evidence of normal use of the product if the seller invokes misuse
Step-by-step procedure
Section actions
- 1Check the scope: contract between a non-professional buyer and a professional seller. In particular, the guarantee does not cover a sale between individuals, certain goods sold by public auction, pets or certain free digital content.
- 2Contact the seller in the 2 years after issue. For a new or reconditioned property, the defect that appeared during 24 months is assumed to have occurred earlier; for a second-hand property, this presumption lasts 12 months. After this period, recourse remains possible in the 2 years, but the evidence may be the responsibility of the consumer.
- 3Ask for repair or replacement. The seller can impose the least expensive option if the cost difference is obvious. Compliance must be done without charge, without major inconvenience and no later than 30 days after application.
- 4A reduction in the price or the termination of the contract becomes possible, in particular if repair and replacement are impossible, refused, too late or cause a major disadvantage. The resolution may be excluded for a minor defect.
- 5In case of refusal, keep a written complaint, report the problem on SignalConso, and then try mediation or conciliation before legal action.
Common mistakes
Section actions
- Contact only the manufacturer while the professional seller is responsible
- Believing that the presumption is 24 months for all used goods
- Requiring immediate reimbursement without leaving reparation or replacement where permitted by law
- Pay repair, parts or transport costs for a covered compliance
- Consolidate legal guarantee of conformity, commercial guarantee and guarantee of hidden defects
Official sources
Section actions
Show sources in this section
Important remark
The guarantee depends on the type of property, the identity of the seller and the cause of the defect. The rules on digital services and hidden vices may differ.
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