The decree of December 18, 2014 relating to the information contained in the general conditions of sale in terms of legal warranty is taken for the application of article L.133-3 of the Consumer Code.
This article provides that the general conditions of sale (CGV) of consumer contracts mention according to the methods fixed by decree:
"the existence, the conditions of implementation and the content of the legal guarantee of conformity and the guarantee relating to defects of the thing sold, owed by the seller".
Article 1 of the decree specifies that the GCS of consumer contracts must include:
"the name and address of the seller guaranteeing the conformity of the goods to the contract, allowing the consumer to make a request under the legal guarantee of conformity provided for in Articles L. 211 – 4 and following of the Consumer Code or the guarantee against defects in the thing sold within the meaning of Articles 1641 and following of the Civil Code”.
The GCS of consumer contracts must mention that the seller is liable for defects in the conformity of the goods with the contract under the conditions of article L. 211-4 and following of the consumer code and for hidden defects in the thing sold in the conditions provided for in articles 1641 and following of the Civil Code (Art. 2).
The terms and conditions of consumer contracts must contain a box indicating to the consumer that, when acting as a legal guarantee of conformity, he:
- has a period of two years from the delivery of the property to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
This same box must recall that the legal guarantee of conformity applies independently of any commercial guarantee granted. Finally, it specifies that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code (Art. 3).
