Garantie Conformité Template for France

When you purchase goods from a professional seller in France, you are automatically protected by the garantie légale de conformité (legal warranty of conformity). This mandatory consumer protection ensures that products meet the agreed specifications and function as expected, giving you legal recourse when they don't.

When do you need this document?

You need a Garantie Conformité document when establishing clear warranty terms for consumer sales transactions. This applies when you're selling goods to consumers as a professional seller, whether online or in physical stores. The document becomes essential when handling warranty claims, as it outlines the specific procedures and timeframes for addressing non-conformity issues. You'll also need this when documenting your compliance with French consumer protection laws, particularly for cross-border sales within the European Union where consistent warranty standards apply.

Key legal considerations

The Garantie Conformité must clearly define what constitutes a conformity defect, including goods that don't match the description, lack agreed qualities, or fail to function properly. Your document should specify the two-year warranty period for new goods and one-year period for second-hand items, as mandated by the Code de la consommation. Include provisions for the consumer's right to choose between repair or replacement during the first year, and the seller's right to propose the most cost-effective solution thereafter. Address the burden of proof rules, where defects appearing within two years are presumed to have existed at delivery unless proven otherwise. Consider including clauses about commercial warranties that may extend beyond the legal minimum, and ensure compliance with the prohibition against waiving consumer warranty rights.

Legal requirements in France

Under French law, specifically Articles L217-1 to L217-32 of the Code de la consommation, the Garantie Conformité is mandatory for all consumer sales by professional sellers. The document must inform consumers of their rights in clear, understandable language, including the two-year warranty period and procedures for making claims. You must specify that the warranty covers defects existing at delivery, compatibility issues with the consumer's reasonable expectations, and installation defects when performed by the seller or under their responsibility. The guarantee must outline the consumer's remedies: repair, replacement, price reduction, or contract termination depending on the defect's severity. Include required disclosures about the distinction between legal warranty and any additional commercial warranties offered. Ensure compliance with the European Directive 2019/771 requirements, particularly regarding digital content and services integral to goods functionality. The document should also reference the separate garantie des vices cachés under Civil Code Articles 1641-1649 for hidden defects.