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

When you buy a product from a professional seller in France, the law hands you a protection you do not have to pay for and cannot be talked out of: the legal guarantee of conformity, or garantie legale de conformite. It requires the goods to match what was agreed and to work as a buyer would reasonably expect, and it lasts two years from the day the item is delivered. If the product fails within that window, the seller (not the manufacturer) must put it right, at no cost to you.
This guarantee is the closest French equivalent to a "lemon law" protection, and it is the first thing to reach for when a purchase turns out to be faulty. It is also constantly confused with two other things: the garantie commerciale (an optional extra a seller or brand may offer) and the vice cache or hidden-defect warranty in the Civil Code. They are not the same, and knowing which one applies decides what you can demand and how long you have to demand it.
Information last verified on 22 July 2026. This page presents general legal information, not legal advice.
What the legal guarantee of conformity is
The legal guarantee of conformity is set out in the Code de la consommation at Articles L217-3 and following (L217-3 to L217-20). It obliges a professional seller to deliver goods that conform to the contract: the item must correspond to its description, be fit for the purpose the buyer told the seller about, have the qualities a buyer can reasonably expect, and come with the promised accessories and updates.
Two features make it powerful. First, it is mandatory and free. A seller cannot exclude it, shorten it, or charge you for using it, and a "sold as seen" or "no returns" notice does not override it. Second, it puts the obligation on the seller you bought from. You do not have to chase a factory in another country; you go back to the shop or the online retailer that sold you the product.
The current text comes from ordonnance n° 2021-1247 of 29 September 2021, which took effect on 1 January 2022 and transposed EU directives on the sale of goods and on digital content. That reform renumbered and expanded the regime, extended the presumption period, and brought digital content and digital services (software, apps, streaming subscriptions and similar) inside the guarantee.
How long it lasts and the two-year presumption
The guarantee lasts two years from delivery of the goods. Within that period there is a presumption that works strongly in the buyer's favour: any lack of conformity that appears is presumed to have existed at the time of delivery, so the buyer does not have to prove the cause. The seller, if it wants to refuse, must show the defect came from misuse or an outside event.
The length of that presumption depends on the goods:
- New goods: 24 months. For the full two years, the burden of proof is off you. If a defect appears, it is presumed to have been there at delivery.
- Second-hand goods: 12 months. The presumption runs for one year. After that, from months 13 to 24, the guarantee still exists but the buyer must show the defect was present at delivery.
The guarantee itself is two years either way; what changes for second-hand goods is who carries the burden of proof in the second year.
What you can demand: repair, replacement, refund
The remedies follow an order set by Articles L217-8 and following. The buyer first chooses between repair and replacement, and the seller must provide it free of charge and within a reasonable time (in principle within 30 days) and without major inconvenience. The seller can only refuse the buyer's chosen option if it is impossible or clearly disproportionate in cost, in which case it must provide the other.
If repair and replacement both fail, are impossible, or cannot be done in the required time, the buyer can move to the second tier: keep the item and get a price reduction, or return it and obtain a refund (resolution of the sale). A refund can also be claimed straight away where the defect is serious enough.
The 2022 reform added incentives to choose repair. Under Article L217-13, when a product is repaired under the legal guarantee, the guarantee period is extended by six months from the day the repaired item is handed back, and a replacement product starts a fresh two-year guarantee.
Legal guarantee of conformity versus vice cache
This is the distinction readers most often get wrong, so it is worth setting side by side. The two protections can even apply to the same purchase, and the buyer may choose which to invoke.
- Clock. The legal guarantee of conformity runs two years from delivery. The hidden-defects warranty (vice cache) runs two years from the discovery of the defect under Code civil Article 1648, which can be years after the sale.
- What you must show. Under the legal guarantee, during the presumption window you do not have to prove anything about when or why the defect arose. Under vice cache you must prove the defect was hidden, serious, and pre-existing.
- Who owes it. The legal guarantee of conformity binds professional sellers only. Vice cache applies to any seller, including a private individual, which is why it is the usual route for a used car bought from a private party.
In short, for a fault in something recently bought from a shop or online retailer, the legal guarantee of conformity is normally the easier and faster route. Vice cache becomes the tool when the seller was not a professional, or when a serious hidden defect surfaces long after purchase.
Legal guarantee versus commercial guarantee
The garantie commerciale (commercial guarantee, sometimes sold as an "extended warranty") is entirely different. It is optional and contractual: a seller or manufacturer offers it voluntarily, on whatever terms it sets, sometimes for a fee. It sits on top of the legal guarantee and can never replace it. A seller who offers a one-year commercial guarantee has not reduced your two-year legal right, and paying for an extended warranty does not buy you protection you already have for free by law.
How to use the guarantee in practice
Contact the seller that sold you the item, describe the fault, and state that you are relying on the legal guarantee of conformity under the Code de la consommation. Keep proof of purchase and the delivery date, since the two-year clock runs from delivery. Put the request in writing (a dated letter or email, ideally by registered post for a paper trail) and ask for repair or replacement at no cost.
If the seller refuses or does not respond, you can escalate to the free consumer mediation service the seller is required to offer, and ultimately to the courts. The DGCCRF (the consumer-protection arm of the Ministry of the Economy) publishes guidance and takes reports of non-compliant sellers. For a fault in a distance or online purchase, you may also still be inside the separate 14-day right of withdrawal, which lets you return the item without needing a reason at all.
This page is one of the guides in the France consumer rights section, alongside our overview of France law. For faults that are hidden and pre-existing, or for sales by a private seller, read the companion guide on hidden defects (vice cache).
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
- Code de la consommation, Articles L217-3 to L217-20 (garantie legale de conformite), Legifrance(legifrance.gouv.fr).gov
- Service-Public.fr, La garantie legale de conformite (fiche F11094)(service-public.gouv.fr).gov
- 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
- DGCCRF (economie.gouv.fr), Garanties legales et commerciales(economie.gouv.fr).gov
- Code civil, Articles 1641 to 1648 (garantie des vices caches), Legifrance(legifrance.gouv.fr).gov
- Code de la consommation, Article L217-13 (extension of the guarantee after repair), Legifrance(legifrance.gouv.fr).gov
- Service-Public.fr, Droit de retractation pour un achat a distance (fiche F10485)(service-public.gouv.fr).gov
- Directive (EU) 2019/771 on contracts for the sale of goods (transposed by ordonnance 2021-1247), EUR-Lex(eur-lex.europa.eu).gov