Can I get a faulty product repaired or replaced for free?
Yes, under the legal guarantee. Every professional seller owes a legal guarantee of conformity: if a new item has a defect within 2 years of purchase (the defect is presumed to exist from purchase for 24 months), you can demand its free repair or replacement, at no cost. For a second-hand item bought from a professional, this presumption period is 12 months. This guarantee is free and distinct from paid 'commercial guarantees'. Add the hidden-defect guarantee (action within 2 years of discovering the defect).
📋 The rules
- Legal guarantee of conformity: 2 years (new), free
- Defect presumed to exist from purchase for 24 months (12 for second-hand)
- Your choice: repair or replacement at no cost
- Owed by the professional seller (not the maker)
- Hidden-defect guarantee on top (2 years from discovery)
🔓 Exceptions
- Sales between individuals: no guarantee of conformity (but hidden defects possible)
- Damage from misuse: not covered
- A repair under the guarantee extends it by 6 months
⚠️ Penalties & fines
A professional who refuses to apply the legal guarantee, or claims it's paid, commits a misleading commercial practice, sanctioned by the DGCCRF (administrative fines). The consumer can demand repair/replacement, and failing that a price reduction or refund. In a deadlock, the consumer mediator then the judge is possible. The guarantee is free: no cost (shipping, labour, parts) can be charged to you.
📎 Official sources
- Service-Public.fr · Legal guarantee of conformity →
- Légifrance · Guarantee of conformity (art. L217-3 ff.) →
- economie.gouv.fr · Legal guarantees →
❓ Frequently asked
How long does the legal guarantee last?
2 years from delivery of the new item. During these 24 months, the defect is presumed to exist from purchase, so the seller must prove otherwise. For a second-hand item from a professional, the presumption is 12 months.
Is the legal guarantee paid?
No, it's entirely free: no shipping, labour or parts cost can be charged to you. Claiming it's paid or pushing a commercial guarantee is a misleading practice.
Repair or replacement, who chooses?
You in principle choose between repair and replacement. The seller may opt for the other if your choice means a clearly disproportionate cost. Failing a solution, you can ask for a price reduction or refund.
And between individuals?
The legal guarantee of conformity doesn't apply to sales between individuals. But the hidden-defect guarantee can apply: the buyer can act within 2 years of discovering a hidden defect making the item unfit for use.
What's the hidden-defect guarantee?
It protects the buyer against a hidden defect, pre-dating the sale, that makes the item unfit for use. The action must start within 2 years of discovering the defect. It adds to the legal guarantee of conformity.
🔎 Common searches
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