The decree of December 18, 2014, concerning the information contained in the general terms and conditions of sale regarding the legal guarantee, was issued pursuant to Article L.133-3 of the French Consumer Code.
This article stipulates that the general terms and conditions of sale (GTC) of consumer contracts must state, according to the procedures established by decree:
"the existence, conditions of implementation, and content of the legal guarantee of conformity and the guarantee against hidden defects in the goods sold, owed by the seller."
Article 1 of the decree specifies that the GTC of consumer contracts must include:
"the name and address of the seller guaranteeing the conformity of the goods to the contract, enabling the consumer to make a claim under the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the French Consumer Code or the guarantee against hidden defects in the goods sold as defined in Articles 1641 et seq. of the French Civil Code."
The general terms and conditions of consumer contracts must state that the seller is liable for defects in conformity of the goods to the contract under the conditions of Article L. 211-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions stipulated in Articles 1641 et seq. of the French Civil Code (Art. 2).
The general terms and conditions of consumer contracts must include a box informing the consumer that, when acting under the legal guarantee of conformity, they:
- benefits from a period of two years from the delivery of the goods to take action;
- may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
This same section should remind readers that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Finally, it specifies that the consumer may decide to invoke the guarantee against hidden defects in the item sold, as defined in Article 1641 of the Civil Code, and that in this case, they may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code (Art. 3).
