The Two-Year Warranty of Conformity
-The warranty of conformity, covered by Articles L.217-1 to L.217-14 of the French Consumer Code, is a warranty against manufacturing defects provided by law. This warranty automatically applies to all sales concluded between non-professional consumers[1] and professional sellers. It does not apply in the event of a sale between two professionals.
When a defect is discovered less than two years after the purchase or delivery of the product, it is automatically presumed to date before the purchase of the product. If the seller disputes application of the warranty and considers that the defect arose after the purchase, it has to prove that. Otherwise, the purchaser has the choice between being reimbursed or having the product repaired.
Lack of conformity exists where :
When a defect is discovered less than two years after the purchase or delivery of the product, it is automatically presumed to date before the purchase of the product. If the seller disputes application of the warranty and considers that the defect arose after the purchase, it has to prove that. Otherwise, the purchaser has the choice between being reimbursed or having the product repaired.
Lack of conformity exists where :
- a product is not fit for the use usually expected of such products (e.g., a product that usually runs on battery turns out to require an electrical outlet);
- a product does not match the description given by the seller even if it works perfectly (e.g., the color does not match the model);
- a product does not have the features claimed by the seller (e.g., a range hood claimed to be particularly quiet proves to be noisy);
- a product has a manufacturing defect, an imperfection, or has been poorly assembled; and/or
- the installation is incomplete or has been improperly performed by the seller or the installation manual provided is incomprehensible, preventing the purchaser from properly assembling the device.
The defect can result from the product itself, the packaging, the assembly instructions or from the installation when it has been done by the seller or carried out under the seller’s responsibility.
However, the two-year warranty of conformity does not apply if :
- the purchaser was aware of the defect at the time of the purchase;
- the buyer was aware of the defect at the time of the purchase (e.g., because the seller informed the buyer); or
- the defect results from materials that the purchaser supplied or added.
[1] A non-professional consumer can be understood to refer to someone making a purchase in a non-business context.
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