Legal warranties in B2C

Legal warranties play a fundamental role in B2C contracts.

Under Article L. 111-1 of the Consumer Code, before the contract is concluded, the trader is required to inform the consumer about the legal warranties, the commercial warranties and the after-sales service.

The details of the legal warranty of conformity must also be specified in the general terms and conditions of the contract.

Any contract that restricts or excludes the legal warranties is deemed invalid.

1. Introduction

The legal warranty is a set of rights granted to consumers to protect them in the event of defects or non-conformity of the goods purchased.

It guarantees that consumers can obtain a repair, a replacement or a refund where there is a problem with a product.

1. The different types of legal warranties in France
2. The legal warranty of conformity (Articles L. 217-1 to L. 217-14 of the Consumer Code)
3. Criteria

The legal warranty of conformity applies where the goods purchased do not match the characteristics specified in the contract of sale.

If the goods are not in conformity, there is a presumption, for a period of two (2) years, that the seller is at fault for the non-conformity (Article L. 217-3 of the Consumer Code).

Beyond that period, it falls to the consumer to establish the trader's fault as the cause of the defect.

Under Article L. 217-5, goods are in conformity if they match the description, type, quality and quantity provided for in the contract, and if they are fit for the specific use sought by the consumer.

For goods incorporating digital elements, defects of conformity are presumed to exist for two (2) years from delivery in the case of a continuous supply of less than two (2) years, and for the entire duration of the supply where it exceeds two (2) years.

1. Consumer's rights

In the event of a defect of conformity, the trader offers the consumer the replacement or the repair of the goods, including the digital elements.

The choice rests with the consumer, unless this entails disproportionate costs for the seller. The bringing into conformity must be carried out within 30 days of the consumer's request.

If the trader refuses to bring the goods into conformity, the consumer may request the rescission of the contract or a reduction in the price. No charge may be imposed on the consumer, except for the postage costs, which must be refunded within 14 days.

From now on, in accordance with Article D. 211-2 of the Consumer Code, a box containing a specific text must be provided.

1. The warranty against latent defects (Articles 1641 to 1649 of the Civil Code)
2. Definition and conditions

The warranty against latent defects covers non-apparent defects that render the goods unfit for the use for which they are intended or that substantially diminish their value.

1. Seller's obligations

The seller is liable for latent defects, even if it was unaware of them at the time of the sale.

From now on, in accordance with Article D. 211-2 of the Consumer Code, a box containing a specific text must be provided.

1. Consumer's rights

The buyer has the choice between:

- returning the item and obtaining a refund of the price;

- keeping the item and obtaining a refund of part of the price.

The time limit to bring an action is 2 years from the discovery of the defect.

1. Consequences of failure to comply with the legal warranties
2. Implications for the seller

Failure to comply with the legal warranties exposes the seller to penalties, such as fines and legal proceedings, in particular of 75,000 euros for legal entities.

1. Mediation

In the event of a persistent problem or an unresolved dispute with the trader, the consumer always has the option of referring the matter to a consumer mediator.

This mediator, mentioned in the seller's general terms and conditions of sale, is a neutral and independent body tasked with facilitating the amicable resolution of disputes between the consumer and the trader.

Recourse to the consumer mediator offers an alternative to costly and lengthy court proceedings. It makes it possible to obtain a fair and swift solution while preserving the commercial relationship between the parties. The mediator may intervene in any dispute concerning the performance of the contract of sale, including issues relating to the legal warranties.

It is important to note that recourse to the consumer mediator is optional and that the consumer retains the right to access the courts if they so wish. However, it is often recommended to first explore the possibilities of mediation in order to find an amicable solution and avoid prolonged disputes.

To refer a matter to the consumer mediator, the consumer may follow the procedure set out in the seller's general terms and conditions of sale or seek information from competent bodies such as consumer associations or regulatory authorities.

1. Legal recourse and the role of the commercial court

The consumer may bring legal proceedings against the seller in the event of failure to comply with the legal warranties.

The judicial court may intervene to resolve disputes between the parties.

1. Conclusion

The legal warranty plays a crucial role in protecting consumers' rights in France.

It is essential for sellers to comply with their obligations regarding the legal warranty, clearly informing consumers of the terms and the rights associated with it.

Likewise, consumers must be aware of their rights and know how to exercise these warranties where necessary.

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If you would like assistance in implementing a process that complies with these legal provisions, or simply in providing all the mandatory information in your B2C GTC, I invite you to book an appointment directly on my website!