You have just bought a washing machine, a smartphone, or a used car, and it breaks down. Faced with this inconvenience, the seller might tell you that "the warranty has expired" or try to charge you for repair costs. Do not let them get away with it: under French law, you benefit from powerful, free legal protections that often apply without you even knowing it. Between the legal warranty of conformity, the warranty against hidden defects, and the commercial warranty, here is the complete guide to asserting your rights and getting a remedy without spending a penny.
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To react properly to a breakdown, you must first understand that there are three distinct types of warranties. Two of them are mandatory (legal), while the third is optional (commercial).
The legal warranty of conformity (garantie légale de conformité) is the cornerstone of consumer protection in France. It is governed by articles L. 217-3 et seq. of the French Consumer Code (Code de la consommation).
This warranty requires the professional seller to deliver goods that conform to the contract and to answer for any lack of conformity existing at the time of delivery. It applies mandatorily to all tangible personal property (new or used) purchased by a consumer from a professional seller.
Governed by articles 1641 to 1649 of the French Civil Code (Code civil), this warranty (garantie des vices cachés) applies to all sales (between professionals, between private individuals, or from a professional to a private individual). It covers defects that were not apparent at the time of purchase, which render the product unfit for its intended use, or which diminish this use so much that the buyer would not have acquired it, or would have paid a lower price, had they known about them.
Often referred to as the "manufacturer's warranty" (garantie constructeur) or "store warranty" (garantie magasin), the commercial warranty (garantie commerciale) is defined by article L. 217-21 of the French Consumer Code. It is optional and freely defined by the seller or the manufacturer.
It can be free or paid (extended warranty). Under no circumstances does it replace the legal warranties of conformity and hidden defects, which always apply, even if the commercial warranty has expired. The seller is legally required to provide you with a written contract stating that the legal warranties apply independently of the commercial warranty.
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| Features | Legal warranty of conformity | Warranty against hidden defects | Commercial warranty |
| :--- | :--- | :--- | :--- |
| Reference text | Art. L. 217-3 of the Code de la consommation | Art. 1641 of the Code civil | Art. L. 217-21 of the Code de la consommation |
| Type of seller | Professional only | Professional or private individual | Professional or manufacturer |
| Time limit to act | 2 years after delivery | 2 years after discovering the defect | Variable (defined by the contract) |
| Proof of breakdown | Presumed (nothing to prove for 2 years for new items, 12 months for used items) | At the buyer's expense (expert assessment often required) | According to the terms of the contract |
| Cost for the buyer | Completely free | Free (excluding potential expert assessment fees) | Free or paid |
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To better understand how these rules apply, let us look at two everyday situations.
Thomas buys a refurbished second-hand smartphone for 350 € from a professional on March 15, 2023. On January 10, 2024 (i.e., 10 months later), the touchscreen stops working without any impact or contact with water.
Sarah buys a used car from a private individual for 8,000 €. 18 months after the purchase, a major engine failure occurs. The mechanic diagnoses an internal crack in the engine block that was present prior to the sale and impossible to detect during a standard test drive.
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If your product breaks down, follow this procedure carefully to assert your rights effectively.
1. Identify the guarantor and the applicable warranty: Check your purchase invoice. If the purchase was made less than 2 years ago from a professional, always prioritize the legal warranty of conformity.
2. Contact customer service (initial amicable approach): Go to the store or contact the after-sales service (service après-vente or SAV) by phone or email. State clearly that you are acting under the legal warranty of conformity.
3. Send a formal notice to the seller (in case of refusal): If the seller refuses to apply the warranty (under the pretext that you did not subscribe to their "insurance" or that the 1-year manufacturer's warranty has expired), send a formal demand letter via registered mail with acknowledgement of receipt (lettre recommandée avec accusé de réception or LRAR). Cite article L. 217-3 of the French Consumer Code and demand repair or replacement within 30 days at no cost.
4. Refer the matter to a consumer mediator: If the formal notice remains unanswered or faces an unjustified refusal, you must attempt an amicable resolution before taking legal action. The name of the approved consumer mediator (médiateur de la consommation) chosen by the seller must appear in their general terms and conditions of sale (conditions générales de vente or CGV) or on their website. This process is entirely free of charge for you.
5. Bring the case to court: If mediation fails, you can bring the case before the Judicial Court (Tribunal judiciaire). For disputes under 10,000 €, representation by a lawyer is not mandatory, and you can use a simplified petition procedure.
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According to article L. 217-10 of the French Consumer Code, the seller must repair or replace the item within a reasonable timeframe, which cannot exceed 30 days following your request. Furthermore, be aware that any period of immobilization of the item of at least 7 days for its restoration extends the remaining duration of the warranty by that same amount of time (article L. 217-20 of the French Consumer Code).
No, the law imposes an order of priority. You can choose between repair and replacement. However, the seller may refuse your choice if it incurs a cost that is manifestly disproportionate compared to the other option. A refund (cancellation of the contract) or a price reduction can only be requested if repair and replacement are impossible, could not be implemented within 30 days, or cause you a major inconvenience.
Proof of purchase is essential to trigger warranties. However, the cash register receipt (ticket de caisse) is not the only admissible proof. You can present a bank statement showing the debit to the store, an order confirmation received by email, or an invoice saved on your store loyalty card.
Yes, absolutely. Items bought on sale (en solde), on promotion, or display models benefit from the exact same legal warranties of conformity and hidden defects as items sold at full price. The mention "No returns or exchanges" (Ni repris, ni échangé) often displayed during sales cannot block legal warranties in the event of a breakdown or lack of conformity.
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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.