Annex 1 - Provisions relating to legal guarantees

Article L217-3 of the French Consumer Code

"The seller delivers a product that complies with the contract as well as with the criteria set out in Article L. 217-5."

It covers any non-conformity existing at the time the product is delivered, as defined by Article L. 216-1, that appears within two years from that date.

In the case of a sales contract for goods containing digital elements:

1° When the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or when the contract does not specify the duration of supply, the seller is liable for any lack of conformity in this digital content or digital service that appears within two years from the delivery of the goods;

2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for any non-conformity of this digital content or service that appears during the period in which it is provided under the contract.

For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with article L. 217-19.

The seller is also liable, within the same timeframes, for any non-conformity arising from the packaging, assembly instructions, or installation, when these are the seller’s responsibility under the contract or performed under their supervision, or when incorrect installation by the consumer, as stated in the contract, is due to gaps or errors in the installation instructions provided by the seller.

This warranty period applies without prejudice to articles 2224 and following of the civil code. The starting point for the consumer’s legal action is the day they become aware of the lack of conformity."

Article L217-4 of the Consumer Code

"The product is in conformity with the contract if it meets, in particular, where applicable, the following criteria:

1° It matches the description, type, quantity, and quality, especially regarding functionality, compatibility, interoperability, or any other feature specified in the contract;

2° It is suitable for any special use sought by the consumer, made known to the seller at the latest at the time the contract is concluded and which the seller has accepted;

3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;

4° It is updated in accordance with the contract."

Article L217-5 of the Consumer Code

"I.-In addition to meeting the terms of the contract, a product is also considered compliant if it meets the following criteria:"

1° It is suitable for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law as well as all technical standards or, in the absence of such standards, the specific codes of conduct applicable to the relevant sector;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded;

3° Where applicable, any digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise;

4° If applicable, it is delivered with all accessories, including packaging, and the installation instructions that the consumer can reasonably expect;

5° If applicable, it comes with updates the consumer can reasonably expect, in accordance with Article L. 217-19;

6° It corresponds to the quantity, quality, and other characteristics, including sustainability, functionality, compatibility, and safety, that the consumer may legitimately expect for goods of the same type, considering the nature of the product as well as public statements made by the seller, anyone upstream in the transaction chain, or anyone acting on their behalf, including in advertising or labeling.

II.- However, the seller is not bound by all public statements mentioned in the preceding paragraph if they can demonstrate:

1° That he did not know them and could not legitimately have known them;

2° At the time the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements; or

3° That public statements could not have influenced the purchase decision.

III.-The consumer cannot dispute conformity by citing a defect related to one or more specific characteristics of the product, about which they were explicitly informed that these differed from the conformity criteria stated in this article, and to which they expressly and separately consented at the time of concluding the contract.

Article L217-7 of the Consumer Code

"Nonconformities that appear within twenty-four months from delivery of the good, including goods with digital elements, are presumed, unless proven otherwise, to have existed at the time of delivery, unless this presumption is incompatible with the nature of the good or the defect in question."

For second-hand goods, this period is set at twelve months.

When a sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, any lack of conformity that appears is presumed to have existed at the time of delivery:

1° For a period of two years from delivery of the item, when the contract calls for supply for a period less than or equal to two years, or when the contract does not specify a supply period;

2° During the period in which the digital content or digital service is provided under the contract, when this provision is for a period longer than two years."

Article L217-21 of the Consumer Code

"A commercial warranty refers to any contractual commitment by a professional—whether the seller or the manufacturer, including anyone acting on their behalf or in their name (hereafter referred to as the "guarantor")—towards the consumer. This commitment may involve refunding the purchase price, replacing, repairing the product, or providing any other service related to the product, or any additional requirement not linked to conformity as stated in the commercial warranty, beyond the seller’s legal obligations to ensure the product’s conformity."

Any commercial warranty binds the guarantor according to its terms or the terms stated in advertising made prior to the contract, if those advertising terms are more favorable—unless the guarantor demonstrates that the advertising was corrected before the contract was concluded, using identical or comparable means to the initial advertising."

Article 1641 of the Civil Code

"The seller is liable for hidden defects in the item sold that render it unfit for its intended use, or that diminish its usefulness to such an extent that the buyer would not have acquired it, or would have paid a lower price, had they known."

Article 1648 of the Civil Code

"The action resulting from latent defects must be brought by the buyer within two years of discovering the defect."

In the case provided for by Article 1642-1, legal action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be released from apparent defects or non-conformities."

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