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A distinction must be made between two types of guarantees: legal guarantees and contractual guarantees

 

1° Legal guarantees

 

The legal warranty of hidden defects

 

  • > In order to be qualified as a hidden defect, the defect must meet the definition of Article 1641 of the Civil Code: hidden defect is the defect which makes the thing unfit for the use for which it is intended, or which diminishes that use at a point that the purchaser would not have acquired it (or would have given it a lesser price) if he had known the defect

  • > A defect is defined hidden when it is not visible at the time of the sale

  • > The legal warranty of hidden defects applies whatever the good purchased (new or used, on special offer or on sale ...) and whatever the seller (professional seller or single individual).

  • > The buyer must prove the hidden defect by any means, in particular by producing the various certificates or invoices of repair, or asking to an expert.

  • > The action against hidden defects may be brought within two years from the discovery of the defect (Article 1648 of the Civil Code) .

  • > The guarantee of hidden defects may be against both the seller and the manufacturer, and the courts have recognized the right of the buyer to act directly against the manufacturer.

 

  • >The buyer cannot claim against the seller for visible defects that he may have observed at the time of sale (article 1642 of the Civil Code).

  • > If the buyer acknowledges defects during the unpacking of the item, he must then be more careful and carry out additional checks.

 

the guarantee of conformity (or European guarantee)

 

The item purchased must

  • >Be fit for the use usually expected from such a good (Article L. 211-5.1 ° of the Consumer Code).

  • >Match the description given by the seller and possess all the qualities that he has showed as a sample or model .

  • > Show the features a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labeling.

 

The guarantee of conformity concerns both

  • >contracts for the sale of goods, including household appliances and furniture .

  • >contracts for the supply of goods to be manufactured or produced. This is for example the realization of kitchen furniture or the manufacture of customized windows .

 

The guarantee of conformity is clearly defined by the Consumer Code in Article L. 211-1

 

 

2° The contractual (or commercial) guarantees

 

From distributor to consumer :

 

  • >The warranty begins when the product is purchased, according to the date stated in the invoice.

  • > The warranty covers only the parts and not the labor. It may, depending on the case, only cover certain parts of the device and leave the traveling and transport costs to the buyer.

  • > Unless otherwise clearly stated, the guarantee is offered. A paid guarantee can be subscribed: that is the extension of guarantee.

  • > The commercial warranty is not applicable in case of incorrect installation, use of a voltage other than the one supposed as normal for the particular device, or for improper accessories, abnormal use, normal wear, impact, modification applied on the device ... It is usually canceled if you attempt to repair the broken device by yourself beforehand.

  • >In case of sales of white products such as dishwashers or refrigerators and within a radius of 30 km around our office, in case of breakdown we are committed to provide the customer with a replacement good during the period in which the good is being repaired and thus it is not available to him, and during the entire period covered by the guarantee.

 

From manufacturer to consumer:

 

The commercial guarantee is defined by the brand

  • > The guarantees offered by manufacturers to consumers apply in the territory of the European Union under the conditions set out by the manufacturer concerned in the Member State where the consumer is domiciled.

  • > The warranty, usually referred to as "manufacturer's warranty" or "producer's warranty", is stated in the product sheets supplied with the product.

  • > The identical replacement during the period of guarantee for small household or sound and video equipment is covered according to the cases by the brands and it is part of the general conditions of guarantees, different for each brand.

 

for more information, please visit:

www.conso.net/infos-pratiques.htm

www.europe-consommateurs.eu