Article L217-4 of the Consumer Code
The seller is obliged to deliver a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
Be suitable for the use usually expected of a similar good and, where appropriate:
- Correspond to the description given by the seller and possess the qualities that he presented to the buyer in the form of a sample or model;
- Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, notably in advertising or labeling;
Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately unable to know them.
Article L217-7 of the Consumer Code
Lack of conformity defects that appear within twenty-four months from the delivery of the good are presumed to have existed at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may contest this presumption if it is not compatible with the nature of the good or the alleged lack of conformity.
Article L217-8 of the Consumer Code
The buyer has the right to demand conformity of the good with the contract. However, he cannot contest conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates from materials he himself supplied.
Article L217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repair and replacement of the good.
However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other option, considering the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the option not chosen by the buyer.
Article L217-10 of the Consumer Code
If repair and replacement of the good are impossible, the buyer may return the good and be refunded the price or keep the good and be refunded part of the price.
The same option is available to him:
- If the solution requested, proposed or agreed upon under article L. 217-9 cannot be implemented within one month following the buyer's claim;
- Or if this solution cannot be implemented without major inconvenience for him considering the nature of the good and the use he seeks.
The cancellation of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not prevent the awarding of damages.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided by articles 1641 to 1649 of the civil code or any other contractual or extra-contractual action recognized by law.
Article L217-14 of the Consumer Code
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable good, according to the principles of the civil code.
Article L217-16 of the Consumer Code
When the buyer requests the seller, during the course of the commercial warranty granted to him at the time of acquisition or repair of a good, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the availability for repair of the good in question, if this availability is after the intervention request.
Article 1641 of the Civil Code
The Provider is liable for hidden defects of the sold item which make it unfit for the use to which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.