In France, any consumer product purchased new or used from a professional is subject to a legal guarantee of conformity. This compulsory protection makes it possible to obtain the repair or replacement of the object if it has defects or does not correspond to the description given by the seller for two years.
In addition, this guarantee is in principle very easy to implement, since it is up to the professional to demonstrate that the defect did not exist before the sale. In theory at least …
The opacity of traders
But equipment brands do not always play the game. When buying smartphones, household appliances or high-tech equipment, sellers are indeed careful not to mention this legal guarantee and, on the contrary, encourage them to contract a paid commercial warranty presented under the sometimes misleading name of manufacturer warranty, manufacturer and other warranty extension.
Likewise, in the event of a problem with the device, it is unfortunately not uncommon to encounter a refusal of support or a return to the manufacturer, even though it is indeed the seller who must assume the responsibility. implementation of this legal protection, as recently denounced by the magazine 60 million consumers.
An information obligation
But the law of February 10, 2020 on the fight against waste supplemented by an implementing decree of May 18, 2021 intends to change things. Since July 1, 2021, the legislator indeed requires traders to mention the existence and duration of the legal guarantee of conformity on the invoicing documents, and in particular on the sales receipt and the invoice, of a large number of products. ‘devices.
Appliances, computer equipment, consumer electronics and telephones are concerned. This listing also includes cameras, motorized DIY and gardening equipment, games and toys including game consoles, sporting goods, watches, lighting and light fixtures, sunglasses and finally the furnishings. Please note, in order to make use of the guarantee, you must be able to provide the sales receipt as proof of purchase.
On the other hand, this measure does not apply to purchases made at a distance (sale on the Internet, by telephone or by mail order), since the legislation already imposes an obligation of prior information – unfortunately not always so obvious – on the subject.