Section actions
Duration: Repair or replacement under 30 days after application; litigation may last longer
Cost: Free repair or replacement under legal guarantee; commercial guarantee, if any, paid
Possible online
Who this guide is for
Section actions
- Consumers who bought defective property from a professional seller
- Buyers to whom a paid extension or manufacturer guarantee is proposed
- Purchasers of used or reconditioned goods
To be prepared in advance
Section actions
- Invoice, cash ticket or delivery note
- Description of defect, photos, videos and exchanges with the seller
- Written commercial guarantee contract if you invoke
- Proof of deposit or dispatch of the product
Step-by-step procedure
Section actions
- 1Identify the seller first. The legal guarantee of conformity applies between a consumer and a professional seller; it generally does not apply to a sale between individuals.
- 2For new, used or reconditioned property, the default may be invoked for two years after issue. The presumption of priority lasts 24 months for the new and reconditioned and 12 months for the occasion; then the buyer must prove that the default existed at the issue.
- 3Talk to the professional seller, not necessarily the manufacturer. You first choose repair or replacement; in case of clearly disproportionate cost, the seller can impose the cheapest option.
- 4Repair or replacement should be free, without major inconvenience and performed in 30 days. A repair extends the initial warranty by six months; an imposed replacement renews the two-year period.
- 5Price reduction or resolution is not always a first free choice: it becomes possible if repair or replacement is impossible, exceeds a month or creates a major disadvantage.
- 6The commercial guarantee, free or paid, follows its written contract and adds to the legal guarantees without replacing them. A paid option cannot be imposed by a pre-coded box.
- 7In the event of repair under commercial warranty, any immobilization of at least seven calendar days shall be added to the remaining period of this guarantee.
- 8In case of refusal, address a formal notice, then use SignalConso, the mediator or conciliator and, if necessary, justice.
Common mistakes
Section actions
- Believing that a second-hand property is protected only one year: the time limit remains two years, only the evidence changes after 12 months
- Immediately require a refund without checking conditions of passage after repair or replacement
- Address only the manufacturer while the professional seller is responsible for compliance
- Believing that the commercial guarantee is the only protection
- Citing a Service-Public fact sheet unrelated to warranties
Official sources
Section actions
Important remark
The scheme depends on the seller, the product, the date of issue and the nature of the defect. Expertise or legal advice may be useful for a hidden defect or a sale between individuals.
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