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Traders are required to guarantee consumers against lack of compliance with the goods they sell. This guarantee applies in all situations where the product sold does not comply with the usually expected use of a similar appliance, does not correspond to the description given by the seller or does not possess the qualities advertised by the seller. It can therefore cover not only the breakdown or malfunction of the appliance but also the unsatisfactory nature of its characteristics or its performance.

When an appliance suffers from a non-compliance, your client is entitled, provided you act within two years of the purchase, ask you to replace it or, if necessary, repair it.

And be careful, if you dispute the non-compliance, it is up to you, the trader, to prove that the defect did not exist at the time of the delivery of the appliance. Indeed, if the non-compliance appears within two years of the purchase, it is presumed to exist on the day of the acquisition. The buyer is therefore not required to report proof of its existence.

Copyright : Les Echos Publishing 2020