This legal guarantee is so called because it obliges the professional seller to sell the consumer a good that conforms to the contract and makes him responsible if this is not the case. (Consumer code articles L217-1 to L217-14)

A good conforming to the contract means:
– that the property must be suitable for the use usually expected of it;
– that the good must also correspond to the description made by the seller and have the qualities presented by the seller or that the consumer can legitimately expect, particularly in view of the labeling or advertising;
– that in the event of a specific request (customized goods for example) this must correspond to what has been fixed by mutual agreement with the seller.

The defects concerned are:
– manufacturing defects or defects resulting from installation carried out by the seller or under his responsibility;
– defects in assembly instructions;
– defects originating from the packaging;
– characteristics or quality that do not correspond to the presentation of the product purchased (with reference to the order form, a sample, the seller’s or manufacturer’s documentation, advertising, etc.).

Defects that the consumer knew or could not have been unaware of at the time of sale cannot be considered as lack of conformity. It is up to the seller to possibly demonstrate that the defect did not exist at the time of the sale of the property.

For new products purchased after March 18, 2016, you can claim the benefit of the legal guarantee from the seller within 2 years of their sale (6 months for used products) without needing to prove that the defect existed at the time of the sale. In fact, the lack of conformity is assumed to exist at the time of the sale of the good.

In the event of a lack of conformity, you have the right to ask the seller to repair or replace the goods, without needing to prove that the defect existed at the time of the sale.

However, the seller retains the possibility of refusing the solution chosen by the consumer if its cost is disproportionate compared to the solution not chosen.

If repair and replacement of the goods are impossible or if they cannot take place within one month following the complaint, you can:
– return the goods and have the price refunded (unless the lack of conformity is minor);
– or keep the item and have part of the price returned to you.

This solution may also concern cases where replacement or repair cannot be envisaged without major inconvenience for the consumer given the nature of the good and the intended use.
Repair or replacement of defective products must be at no cost to the consumer.