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

A good in conformity with the contract means:
– that the good 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 latter or that the consumer can legitimately expect in view in particular of the labeling or advertisements;
– that in the event of a specific request (custom-made good for example) it must correspond to what has been agreed by mutual agreement with the seller.

The defects concerned are:
– manufacturing defects or defects resulting from the installation carried out by the seller or under his responsibility;
– defects in assembly instructions;
– defects originating from the packaging;
– characteristics or quality not corresponding 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 be unaware of at the time of sale cannot be considered as defects of conformity. It is up to the seller to demonstrate, if necessary, that the defect did not exist at the time of sale of the goods.

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

However, the seller reserves the right to refuse the solution chosen by the consumer if its cost is disproportionate to the solution not chosen.

If the 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 goods and have part of the price refunded.

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