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When you buy a product, what is the value of the guarantees offered? What should we pay attention to? What if the seller refuses to apply them?
The 2-year “legal” guarantee
According to the law, all products purchased have a legal guarantee . Indeed, the seller has the obligation to guarantee the buyer against all defects in the product for a period of two years from the delivery of the goods. The product purchased must correspond to the description given by the seller. Be careful, because the legal guarantee does not cover visible defects. Therefore, if a defect is obvious to you during the purchase, it is better to refuse the product.
As regards hidden defects, they are covered by the warranty within two years of their discovery. The warranty allows you to obtain either the repair or the replacement of the product.
The “commercial” guarantee
The commercial guarantee offered by the seller at the time of purchase is an additional guarantee to the legal guarantee. It offers, in principle, more advantages than the legal guarantee. It may thus be longer than the legal period of 2 years. In addition, it allows you to return the product if it breaks while it was under warranty. You will not have to prove that the defect already existed: it is enough for him to establish that this defect appeared during the agreed duration of the guarantee.
You should know that the seller is completely free to define the duration and content of this guarantee: it can be either free or paid. If it is paying, you must read its content carefully, and check that it does not simply take over the rights you already have. It is also necessary to check that the guarantee corresponds to your needs, because it can, for example, only provide for the repair and not the reimbursement of the product. You should also check that you are well covered if you break the product yourself.
If the seller refuses to apply the guarantee?
When the seller refuses or drags out your warranty claim, there are ways to take action. If you invoke the legal warranty, you can request the repair or replacement of the product. If the seller does not do so within one month, you can return the product and ask for a refund. If the seller still does nothing afterwards, you can send him a registered letter.
For the commercial guarantee, if the seller refuses to guarantee the product to you according to the conditions specified in the contract, you can send him a registered letter demanding the application of the guarantee.
In both cases, if nothing is done, you can then go to the local court or the district court, depending on the amount of your claim.
For the commercial guarantee, you can only ask for what is provided for by the guarantee in the event of product failure. For example, if this warranty only provides for the repair of the product, you will not be able to request a refund.
DAMY law firm , Nice, Guarantees after purchase: pitfalls to avoid, Update 2022
