Your recourses in the event of failure
If out of warranty repairs of smartphones, devices photo and other vacuum cleaners or washing machine goes mainly through after-sales services to manufacturers, who are part of the guarantee are a bit more complicated. There are indeed three types of warranty (legal compliance, guarantee of hidden defects, guarantee commercial guarantee), each with its own characteristics.
The Legal Conformity Warranty
Your device doesn’t work anymore? The performance that you had been promised by the seller are not forthcoming? Be aware that any product sold by a professional is covered by a legal warranty of compliance (article L. 211 – 4 of the French consumer code) which requires the seller to be responsible for any lack of conformity for 2 years after purchase. If the default appears in the first six months, it is presumed to exist on the date of the acquisition. Beyond that, it is up to the consumer to prove (using certificates of repair or expert reports, for example). The buyer can then choose between repair and replacement of the product. The seller may not oppose, except if the cost is too high. And if one or the other are possible (or if the query is not implemented within 30 days of the claim), the buyer can claim an article or keep it by pay back part of the price.
The Guarantee Of Hidden Defects
In accordance with articles 1641 and following of the civil code, the seller must also offer a guarantee of hidden defects the customer can do play in the case of a defect that would prevent to use normally the product or to diminish so much capacity that the buyer would have not acquired it if it had been known. In this case, the customer must prevent the seller or manufacturer, preferably by mail with acknowledgement of receipt, by providing evidence (attestation, invoices of repair, expertise, testimonials from other customers facing the same problem…). A still condition: failure to the device should exist at the time of purchase. Two options to the buyer: keep the product and ask for a price reduction, or make it and claim a refund of the price paid.
The Commercial Guarantee
In addition to these legal guarantees, the seller or the manufacturer may propose a commercial guarantee. It can be free or paid and is materialized by a security agreement which defines the duration and scope. In addition, repairs requiring a capital of at least seven days, its expiry date must be remote even.
The seller or the manufacturer refuses to meet its obligations? Feel free to connect with your local association UFC-that to choose or to seize the competent court to succeed.
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