Guarantee of conformity: pay attention to the receipt
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They sometimes pile up in our pockets, wallets or purses. Even though receipts sometimes look more like an embarrassment than anything else, they can often prove invaluable when it comes to warranting a purchase warranty or returning a defective product. They are particularly useful when you need to invoke the legal guarantee of conformity of an article.
What is the legal guarantee of conformity?
The legal guarantee of conformity allows the consumer toget the refund or the replacement of a good when this one finds its failure or its nonconformity. It concerns both the device itself and its packaging, its assembly instructions or even its installation. Applied mainly to new movable goods, to be manufactured, but also to water and gas, it differs from the commercial warranty by its compulsory nature (where the other is only optional and offered by the manufacturer) and the warranty against hidden defects, which covers other areas such as real estate. It also stands out from planned obsolescence, which is also penalized by law. Its duration is fixed at two years for new goods, from the delivery of the good. And according to the law, its responsibility lies not with the manufacturer of the object, but with the seller from whom you obtained it.
Abuses finally sanctioned
This legal obligation was sometimes, in the past, bypassed by unscrupulous sellers who, without any explanation, cleared their commitments. By refusing to take charge of the reimbursement or replacement of the defective or non-conforming good, or by sometimes redirecting the customer to the manufacturer of the product, these stores have been able to become illegal. Another common practice was also to disguise the legal guarantee of conformity by passing it off as a one-off commercial offer. This was for example the case of the sign Darty, condemned for this reason to a fine of 25,000 euros in May 2020 by the departmental direction of the protection of the populations (DDPP) of Seine-Saint-Denis. This kind of abuse has thus led to a strengthening of the law on the fight against waste of February 10, 2020, i.e. article L.211-2 of the Consumer Code.
The list of affected products
Since 1er July 2021, it is compulsory to mention the guarantee of legal conformity of a new product on the sales receipt or the sales invoice, whether in physical form on paper or in dematerialized form. This obligation does not apply to all families of products even if the list concerned is exhaustive. There is a jumble of household appliances, IT products, televisions, the phones, cameras, DIY / gardening devices, light fixtures, games and toys, as well as watches and sunglasses. On the other hand, if by law online shops are also required to comply with the regulations on the legal guarantee of conformity, the obligation to display it on the receipt or invoice is not yet planned.
(By the editorial staff of the agency hREF)
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