Legal Guarantee of Conformity: Duration, Conditions, and Remedies in 2024

Have you recently purchased a product that isn’t working as expected? The legal guarantee of conformity is there to protect you. Mandatory for all professional sellers in France, it allows you to obtain repair, replacement, or a refund if the purchased item has a defect. But how long does it last? What are the conditions for benefiting from it? And how can you assert your rights without hassle? This article explains everything step by step so you can act with confidence.

What is the Legal Guarantee of Conformity?

The legal guarantee of conformity is a mechanism provided by French law to protect consumers. It applies automatically when you purchase a new or second-hand item from a professional. Its purpose? To ensure that the product you bought matches what was advertised and is fit for its intended use.

Unlike commercial warranties (often offered by manufacturers or distributors), this guarantee is mandatory and cannot be limited or excluded by the seller. It covers conformity defects existing at the time of delivery, even if they appear later.

Which Products Does It Apply To?

The legal guarantee of conformity applies to a wide range of goods, including:

• New products (household appliances, electronics, furniture, clothing, etc.);
• Second-hand products sold by a professional (cars, refurbished devices, etc.);
• Goods sold online or in-store.

However, it does not apply to:

• Goods purchased from a private individual (unless they are acting as a professional);
• Services (such as repair work or subscriptions);
• Goods sold at public auctions.

Difference from the Guarantee Against Hidden Defects

It’s easy to confuse the legal guarantee of conformity with the guarantee against hidden defects, but these two protections have distinct scopes:

• The legal guarantee of conformity covers defects that make the product unfit for its intended use or non-compliant with the seller’s description. It applies from the time of delivery.
• The guarantee against hidden defects concerns serious defects that existed before the purchase but were not visible at the time of sale. It can be invoked even if the defect appears after the conformity period, provided you can prove its prior existence.

Duration of the Legal Guarantee of Conformity

The duration of the legal guarantee of conformity depends on the nature of the purchased item. Here’s what you need to know:

For New Goods

For new products, the legal guarantee of conformity lasts for two years from the date of delivery. During this period, the seller is presumed responsible for any conformity defects that appear, unless they can prove the defects are due to misuse on your part or an external event (such as a shock or exposure to water).

Example: You purchase a new smartphone in January 2024. If a manufacturing defect appears in December 2025, you can still invoke the legal guarantee of conformity.

For Second-Hand Goods

For second-hand goods sold by a professional, the duration of the legal guarantee of conformity is reduced to one year. This period also begins on the date of delivery. As with new goods, the seller is presumed responsible for defects during this period, unless they can prove the defect is attributable to the buyer.

Example: You purchase a second-hand car in June 2024. If a conformity defect appears in May 2025, you can still request repair or replacement.

Special Cases

Certain products may benefit from different warranty periods, including:

• Durable goods (such as household appliances or vehicles): the two-year guarantee applies, but the seller may sometimes offer a paid extension.
• Digital products (such as software or subscriptions): the guarantee applies for the entire duration of the service, with specific rules for updates and functionalities.

Conditions for Benefiting from the Guarantee

To invoke the legal guarantee of conformity, certain conditions must be met. Here’s what you need to check:

The Defect Must Be One of Conformity

A conformity defect is characterised by one of the following:

• The product does not match the description given by the seller (colour, size, features, etc.);
• The product is not suitable for the usual use of a similar item;
• The product does not have the qualities advertised by the seller or promised by the manufacturer;
• The product has a manufacturing or assembly defect.

Example: You purchase a washing machine advertised as silent, but it makes an abnormal noise from the first use. This is a conformity defect.

The Defect Must Exist at the Time of Delivery

The legal guarantee of conformity only covers defects that existed at the time of delivery. If the defect appears later, you must prove it was already present at delivery. In practice, this proof is often presumed if the defect appears within 24 months of delivery for a new item (or 12 months for a second-hand item).

Note: If the defect appears after this period, you will need to provide proof that it existed at the time of delivery, which can be difficult.

The Product Must Have Been Used Normally

To benefit from the guarantee, you must have used the product in accordance with its intended purpose and the seller’s or manufacturer’s instructions. If the defect is due to misuse, a shock, exposure to extreme conditions (humidity, heat, etc.), or unauthorised modification, the seller may refuse to cover the repair.

Example: You use a vacuum cleaner to pick up liquids when the manual clearly states it is designed only for dry dust. If the appliance breaks down, the seller may refuse to apply the guarantee.

How to Invoke the Legal Guarantee of Conformity

If you notice a conformity defect, follow these steps to assert your rights:

Step 1: Check the Warranty Period

First, ensure the defect appears within the warranty period (two years for a new item, one year for a second-hand item). If the defect occurs after this period, you will need to prove it existed at the time of delivery.

Step 2: Contact the Seller

The first step is to contact the seller (in-store or online) to report the defect. Here’s how to proceed:

• In writing: Send a recorded delivery letter (LRAR) or an email with a read receipt. This will allow you to keep proof of your request.
• Describe the defect: Be precise about the nature of the problem and attach photos or videos if possible.
• Request a solution: Specify whether you want repair, replacement, or a refund.

Sample Letter:

Subject: Invoking the Legal Guarantee of Conformity Dear Sir/Madam, I am writing to you regarding [specify the product purchased, the date of purchase, and the invoice number]. This product has a conformity defect [describe the defect]. In accordance with the legal guarantee of conformity, I request that you [repair/replace/refund] this product as soon as possible. I remain at your disposal for any further information and kindly request you to accept my best regards.

Step 3: Give the Seller a Reasonable Timeframe

The seller has one month to respond to your request. If they do not react within this period or refuse to address the defect, you can move to the next step.

Step 4: Escalate to a Mediator or Court

If the seller refuses to cooperate, you have several options:

• Mediation: You can contact a consumer mediator (free of charge) to attempt an amicable resolution. The seller is required to inform you of the details of the competent mediator.
• Court: If mediation fails, you can take the matter to the judicial court to assert your rights. For disputes under €10,000, the procedure is simplified and does not necessarily require a lawyer.

Step 5: Keep Evidence

To maximise your chances of success, keep all documents related to your purchase:

• The invoice or receipt;
• The delivery note;
• Correspondence with the seller (emails, letters, screenshots);
• Photos or videos of the defect.

What to Do If the Seller Refuses to Apply the Guarantee

Unfortunately, some sellers may attempt to evade their obligations. Here’s how to respond:

Check the Grounds for Refusal

A seller may refuse to apply the legal guarantee of conformity in the following cases:

• The defect is due to misuse on your part;
• The product has been modified or repaired by an unauthorised third party;
• The defect appeared after the warranty period (unless you can prove it existed at the time of delivery).

If the refusal is not based on any of these grounds, the seller is in the wrong.

Challenge the Refusal

If you believe the refusal is unjustified, send a letter of formal notice to the seller. This letter should:

• Recap the facts and previous correspondence;
• Demand a solution within a specific timeframe (e.g., 15 days);
• State that you reserve the right to escalate to a mediator or court if no response is received.

Contact the Competent Authorities

If the seller persists in their refusal, you can report the dispute to:

• The DGCCRF (Directorate General for Competition, Consumer Affairs, and Fraud Control): this authority can investigate and sanction professionals who fail to meet their obligations.
• A consumer association: organisations such as UFC-Que Choisir or the CLCV can assist you in your efforts.

Frequently Asked Questions

What is the Difference Between the Legal Guarantee of Conformity and a Commercial Warranty?

The legal guarantee of conformity is a mandatory protection provided by law, which applies automatically to all purchases from a professional. It covers conformity defects for two years (one year for second-hand goods). The commercial warranty, on the other hand, is an additional protection offered by the seller or manufacturer. It may be free or paid, and its terms vary depending on the offer. Unlike the legal guarantee, it is not mandatory and may be limited in time or scope.

Can I Request an Immediate Refund for a Conformity Defect?

No, a refund is not the first solution offered. In the event of a conformity defect, the seller must first offer repair or replacement of the product. It is only if these solutions are impossible, too costly, or too time-consuming that you can request a refund or a price reduction.

What If the Seller Offers Repair When I Want a Replacement?

The seller has the right to choose between repair and replacement of the product, unless one of these options would result in a manifestly disproportionate cost for them. If you prefer a replacement but the seller insists on repair, you can challenge their decision by sending a recorded delivery letter. If the disagreement persists, you can escalate to a mediator or court for a ruling.

Does the Legal Guarantee of Conformity Apply to Online Purchases?

Yes, the legal guarantee of conformity applies to online purchases, just as it does to in-store purchases. Whether you buy from a French or foreign website (if the seller is based in the European Union), you benefit from the same protections. In the event of a defect, you must contact the online seller to assert your rights.

Can I Invoke the Legal Guarantee of Conformity If I’ve Lost My Invoice?

Yes, but it may complicate your efforts. The invoice is the simplest proof to establish the date of purchase and the link with the seller. If you’ve lost it, you can try to find alternative evidence, such as:

• A bank statement showing the payment;
• A confirmation email for the order;
• A witness statement or a screenshot of your customer account on the seller’s website.

If you cannot prove the purchase, the seller may refuse to apply the guarantee. It is therefore advisable to keep all your purchase receipts carefully.