After-Sales Service Refusal in France: Your Legal Rights

You have just bought a smartphone, a washing machine, or a computer, and it suddenly breaks down. Confident, you contact the seller's service après-vente (SAV / after-sales service), only to be told that "the warranty does not apply" or that "the breakdown is your fault." Faced with this often unjustified refusal, many consumers give up, unaware that French law vigorously protects them. This comprehensive guide provides you with all the key information and legal arguments to make a stubborn SAV back down and assert your rights.

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Les garanties légales: Your Essential Legal Weapons

Contrary to what some sellers try to make you believe, warranties are not an option or a paid service that you choose to subscribe to. In France, the law imposes mandatory and free warranties.

1. La garantie légale de conformité: The 2-Year Shield

This is the king of warranties for consumers. It is governed by Articles *L. 217-3 et seq. of the Code de la consommation*** (French Consumer Code).

• The Principle: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
• The Duration: It lasts for 2 years from the delivery of the item (whether it is new or second-hand).
• The Presumption of Prior Existence (the killer argument): For new goods purchased after January 1, 2022, any defect that appears within 2 years following the purchase is presumed to have existed at the time of delivery. For second-hand goods, this presumption period is 12 months (under the loi AGEC / anti-waste and circular economy law).
• What this means for you: It is up to the seller to prove that you misused the device (dropping it, exposure to water, etc.). You do not have to prove anything, other than the existence of the malfunction.

2. La garantie légale des vices cachés: For Hidden Defects

Governed by Articles *1641 to 1649 of the Code civil*** (French Civil Code), this warranty applies to all goods (new, second-hand, sold by a professional or a private individual).

• The Principle: The seller guarantees against hidden defects in the item sold which render it unfit for its intended use, or which so impair this use that the buyer would not have acquired it, or would only have given a lower price, had they known about them.
• The Duration: You have 2 years from the discovery of the defect to take action, up to a limit of 20 years after the purchase of the item (Article *2232 of the Code civil***).
• The Burden of Proof: Unlike the conformity warranty, it is up to you, the buyer, to prove by any means (expert reports, repair estimates, technical reports) that the hidden defect existed at the time of purchase.

3. La garantie commerciale (or contractuelle): The Optional "Extra"

Often called the "manufacturer's warranty" or "SAV warranty," it is defined by Article *L. 217-21 of the Code de la consommation***.

• It is optional, and its conditions are freely set by the seller or manufacturer (either free or paid).
• Warning: It never replaces the legal warranties of conformity and hidden defects. If the SAV tells you "the 1-year manufacturer's warranty has expired," you can still invoke the garantie légale de conformité if the purchase was made less than 2 years ago.

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Step-by-Step Practical Steps to Dispute a Refusal

If the SAV refuses to take charge of your device, do not lose your temper on the phone. Scrupulously follow this methodical procedure to build a solid case.

Step 1: Analyze the Reason for Refusal and Formalize the Request

Always ask for a written statement. If the SAV refuses verbally, immediately send an email or a message via your customer portal summarizing the situation. Check if the reason given by the seller is legal. The only legitimate grounds for a seller to refuse are:

• Proof of misuse on your part (oxidation, breakage caused by a fall).
• The expiration of the 2-year period.

Step 2: La mise en demeure (Formal Notice to Comply)

If dialogue breaks down, you must send a lettre de mise en demeure (formal letter of demand) via Lettre Recommandée avec Accusé de Réception (LRAR / Registered Mail with Acknowledgement of Receipt). This formal legal letter must contain:

• A summary of the facts (date of purchase, description of the breakdown).
• References to the applicable legal texts (in particular, Article *L. 217-4 of the Code de la consommation***).
• An injunction to repair, replace, or refund the product within a specific timeframe (usually 15 days).
• A statement that, failing a solution, you will take the matter to the competent courts.

Step 3: Recourse to the Médiateur de la consommation

Since 2016, every professional must guarantee consumers free access to a médiateur de la consommation (consumer mediator) with a view to resolving disputes amicably.

• The contact details of the competent mediator must obligatorily appear in the seller's conditions générales de vente (CGV / general terms and conditions) or on their website.
• Submitting a case to the mediator is entirely free of charge for the consumer.

Step 4: Legal Action

If mediation fails, you can take the matter to the Tribunal judiciaire (Judicial Court).

• For disputes under 5,000 €, an attempt at amicable resolution (mediation or conciliation de justice / court-ordered conciliation) is mandatory before bringing the case before a judge.
• For disputes of an amount less than or equal to 10,000 €, you can petition the court by simple request (without the mandatory assistance of a lawyer).

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Real-Life Examples of Resolved Disputes

Example 1: Thomas's "Oxidized" Smartphone

Thomas buys a new smartphone for 899 €. After 14 months, the screen suddenly turns black for no apparent reason. The SAV refuses the conformity warranty on the grounds that the internal moisture sensors indicate "oxidation," accusing Thomas of dropping the device in water.

Thomas fights back by sending an LRAR, citing Article *L. 217-7 of the Code de la consommation: since the defect appeared during the 2-year warranty period, it is presumed to have existed at delivery. The oxidation could result from an original sealing defect of the device during manufacturing. The SAV, unable to prove through an independent joint expert assessment that Thomas submerged the phone, backs down and replaces the device, valued at 899 €*.

Example 2: Sarah's Broken Washing Machine

Sarah buys a second-hand washing machine from a professional dealer for 350 €. After 8 months, the motor gives out. The seller refuses to repair it, claiming that the warranty on second-hand goods is only 6 months.

Sarah reminds him of the loi AGEC (applicable since January 1, 2022): for second-hand goods, the presumption of non-conformity has increased from 6 months to 12 months. Since the defect appeared at 8 months, it is up to the professional seller to prove that Sarah overloaded or misused the machine. Unable to provide this proof, the seller refunds Sarah the full 350 €.

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Mistakes to Avoid

• Handing over the device without getting a deposit slip: Never leave your product with the SAV without a written document (bon de dépôt) describing the precise condition of the device (absence of scratches, dents). Unscrupulous SAVs might damage the device and blame you for the breakage.
• Attempting to repair the device yourself or through a third party: If you open the device or hand it over to an unauthorized repairer before obtaining the seller's written consent, you will instantly lose the benefit of all legal and commercial warranties.
• Letting deadlines pass without written proof: Spoken words fly away. An SAV advisor promising you over the phone that "everything will be covered" binds them to nothing. Always demand written confirmation (email or letter).
• Confusing the conformity warranty with accidental damage insurance: The garantie de conformité does not cover everyday accidents (e.g., your child dropping the tablet). Claiming a lack of conformity for accidental breakage constitutes fraud and will be immediately rejected by the SAV.

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FAQ (Frequently Asked Questions)

The SAV is asking me to pay return shipping or diagnostic fees. Is this legal?

No, this is completely illegal under the garantie légale de conformité. Article *L. 217-4 of the Code de la consommation*** specifies that bringing the goods into conformity must be done "without any cost to the buyer." The seller must therefore cover the costs of transport, labor, and spare parts. If you have advanced these costs, you are entitled to request a full refund.

My device has been with the SAV for more than a month. Can I ask for an extension of my warranty?

Yes. According to Article *L. 217-16 of the Code de la consommation, any period of immobilization of the goods of at least 7 days for restoration is added to the remaining duration of the warranty. For example, if your computer remains in repair for 30 days, your 2-year warranty is extended by 30 days. Keep your deposit slip (bon de dépôt) and return slip (bon de restitution*) safe to prove the dates.

The seller is only offering me a store credit note, but I want a refund. Do I have to accept?

No, you are not obliged to accept a store credit note (avoir). If repairing or replacing the item proves impossible, or if it cannot be carried out within 30 days following your complaint, you have the right to return the item and have the price returned (full refund by bank transfer or check), or to keep the item and have a portion of the price returned.

What should I do if the seller has gone out of business or filed for bankruptcy?

If the professional seller no longer exists, you can no longer enforce the garantie légale de conformité against them. However, you can turn directly to the manufacturer (the builder of the device) by invoking the hidden defects warranty (Article *1641 of the Code civil***) or the manufacturer's commercial warranty if it is still valid.

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Summary

• The garantie légale de conformité is 2 years for all new and second-hand goods.
• During these 2 years (or 12 months for second-hand items), you do not have to prove that the defect existed at the time of purchase: the law presumes it for you.
• All return, diagnostic, and repair costs are the exclusive responsibility of the seller.
• In the event of an SAV refusal, formalize your request immediately in writing and send a formal notice (mise en demeure) by registered mail (LRAR).
• If the deadlock persists, contact the médiateur de la consommation free of charge before considering legal action.

Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.