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The Legal Guarantee of Conformity in France (Garantie Légale de Conformité)

By Recording Law Editorial Team9 min read
The Legal Guarantee of Conformity in France (Garantie Légale de Conformité)

Frequently Asked Questions

Is the legal guarantee of conformity free?

Yes. The garantie legale de conformite is mandatory and free of charge. A professional seller cannot exclude it, shorten it, or charge you for using it, and clauses such as 'sold as seen' or 'no returns' cannot override it. Repair or replacement under the guarantee must be provided at no cost to the buyer.

How long does the legal guarantee of conformity last in France?

Two years from delivery of the goods. For new goods, any defect appearing in those 24 months is presumed to have existed at delivery, so you do not have to prove it. For second-hand goods, that presumption lasts 12 months; the guarantee still runs to two years, but in the second year the buyer must show the defect was present at delivery.

Who is responsible under the legal guarantee, the seller or the manufacturer?

The seller. The garantie legale de conformite is owed by the professional who sold you the item, whether a physical shop or an online retailer. You do not have to deal with the manufacturer. This is one way it differs from a manufacturer's commercial guarantee.

What is the difference between the legal guarantee of conformity and vice cache?

The legal guarantee of conformity (Code de la consommation) runs two years from delivery, applies only to professional sellers, and does not require you to prove the cause of the defect within the presumption window. The vice cache warranty (Code civil, Articles 1641 to 1648) runs two years from the discovery of a hidden, serious, pre-existing defect and applies to any seller, including private individuals. The two can overlap, and the buyer may choose which to use.

Does the legal guarantee of conformity cover second-hand and refurbished goods?

Yes. It applies to new, second-hand, and refurbished (reconditioned) goods sold by a professional. The guarantee lasts two years in each case. The only difference is the presumption period: 24 months for new goods and 12 months for second-hand and refurbished goods, after which the burden of proof shifts to the buyer for the remainder of the two years.

Sources and References

  1. Code de la consommation, Articles L217-3 to L217-20 (garantie legale de conformite), Legifrance(legifrance.gouv.fr).gov
  2. Service-Public.fr, La garantie legale de conformite (fiche F11094)(service-public.gouv.fr).gov
  3. Ordonnance n° 2021-1247 du 29 septembre 2021 relative a la garantie legale de conformite (in force 1 January 2022), Legifrance(legifrance.gouv.fr).gov
  4. DGCCRF (economie.gouv.fr), Garanties legales et commerciales(economie.gouv.fr).gov
  5. Code civil, Articles 1641 to 1648 (garantie des vices caches), Legifrance(legifrance.gouv.fr).gov
  6. Code de la consommation, Article L217-13 (extension of the guarantee after repair), Legifrance(legifrance.gouv.fr).gov
  7. Service-Public.fr, Droit de retractation pour un achat a distance (fiche F10485)(service-public.gouv.fr).gov
  8. Directive (EU) 2019/771 on contracts for the sale of goods (transposed by ordonnance 2021-1247), EUR-Lex(eur-lex.europa.eu).gov
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