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Legal Guarantee of Conformity of Goods


Who has the right to request the application of the legal guarantee pursuant to the Consumer Code?

Only consumers - or natural persons who have purchased a product for use not related to a commercial, entrepreneurial or professional activity - can benefit from the legal guarantee. Therefore, invoices bearing the VAT number of a company or a professional do not give the right to the rights under the legal guarantee.

How / when is it possible to request the application of the remedies of the legal guarantee?

Pursuant to the Consumer Code, a consumer can request the seller of a product to apply the remedies of the legal guarantee for lack of conformity that occurred in the 24 months following the delivery of the product. The consumer must report the defect within 2 months of discovery.

Consumers can request the application of the remedies of the legal guarantee provided they have proof of purchase (eg receipt / receipt) of the product. It is therefore important to always keep the receipt relating to the purchase of the product.

What is a lack of conformity?

Pursuant to Article 129 of the Consumer Code, a product has a lack of conformity if it is not suitable for the use to which products of the same type are normally used, if it does not comply with the seller's description in terms of quality or performance, or if it does not have the usual qualities and performances of a good of the same type, which the consumer can reasonably expect taking into account the nature of the product.