Annex 1 - Provisions relating to statutory warranties

Article L217-3 of the Consumer Code

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

The seller is liable for any lack of conformity that exists at the time the goods are delivered as referred to in Article L. 216-1, which appears within a period of two years from that time.

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

1° Where the contract provides for the continuous supply of digital content or a digital service for a period of less than or equal to two years, or where the contract does not specify the supply period, the seller is liable for any lack of conformity of that digital content or digital service that appears within a period of two years from the time the goods are delivered ;

2° Where 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 lack of conformity of that digital content or digital service that appears during the period for which it is supplied under the contract.

For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.

The seller is also, during the same time limits, liable for any lack of conformity resulting from the packaging, installation instructions, or installation where the latter has been assigned to them by the contract or has been carried out under their responsibility, or where incorrect installation carried out by the consumer as envisaged 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 the following of the Civil Code. The starting point for the limitation period for the consumer’s action is the day on which the consumer becomes aware of the lack of conformity."

Article L217-4 of the Consumer Code

"The goods comply with the contract if they meet, in particular, where applicable, the following criteria :

1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract ;

2° They are fit for any specific purpose sought by the consumer, communicated to the seller no later than at the time of conclusion of the contract and accepted by the seller ;

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

4° They are updated in accordance with the contract."

Article L217-5 of the Consumer Code

"I.- In addition to the contract conformity criteria, the goods shall be deemed to comply if they meet the following criteria :

1° They are fit for the usual purpose for goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as any technical standards or, in the absence of such technical standards, any specific codes of conduct applicable to the sector concerned ;

2° Where applicable, they possess the qualities that the seller has presented to the consumer in the form of a sample or model, before the conclusion of the contract ;

3° Where applicable, the digital elements they include are provided according to the most recent version that is available at the time of conclusion of the contract, unless the parties agree otherwise ;

4° Where applicable, they are delivered with all accessories, including packaging, and installation instructions that the consumer may reasonably expect ;

5° Where applicable, they are provided with the updates that the consumer may reasonably expect, in accordance with the provisions of Article L. 217-19 ;

6° They correspond to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may reasonably expect for goods of the same type, taking into account the nature of the goods as well as any public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.

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

1° That they did not know them and were not reasonably able to know them ;

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

3° That the public statements could not have had an influence on the purchase decision.

III.- The consumer may not dispute conformity by relying on a defect concerning one or more specific characteristics of the goods, about which they have been specifically informed that they deviate from the conformity criteria set out in this Article, a deviation to which they have expressly and separately consented at the time of conclusion of the contract."

Article L217-7 of the Consumer Code

"Any lack of conformity that appears within a period of twenty-four months from the delivery of the goods, including goods that include digital elements, is, unless proven otherwise, presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the goods or the lack of conformity alleged.

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

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

1° During a period of two years from the delivery of the goods, where the contract provides for this supply for a period of less than or equal to two years or where the contract does not specify the supply period ;

2° During the period during which the digital content or the digital service is supplied under the contract, where it provides for that supply for a period of more than two years."

Article L217-21 of the Consumer Code

"Commercial warranty means any contractual commitment made by a professional, whether the seller or the producer, including through any other person acting in their name or on their behalf (hereinafter referred to as “ warrantor ”), towards the consumer. The commitment has the purpose of reimbursing the purchase price, replacing, repairing the goods or any other service related to the goods, or any possible requirement not linked to conformity and stated in the commercial warranty, in addition to the seller’s legal obligations aimed at ensuring conformity of the goods.

Any commercial warranty binds the warrantor in accordance with the conditions it sets out or the conditions indicated in the advertising that was made before the contract was concluded if the conditions of such advertising are more favourable, unless the warrantor demonstrates that the advertising was corrected before the contract was concluded under identical or comparable arrangements to the initial advertising."

Article 1641 of the Civil Code

"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have paid a lower price, if they had known of them."

Article 1648 of the Civil Code

"The action arising from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect.

In the case provided for in Article 1642-1, the action must be brought, under penalty of forfeiture, within one year following the date on which the seller may be released from apparent defects or lack of conformity."

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