Commercial warranties

What is the guarantee against hidden defects?

In France, in addition of the conformity guarantee, you benefit from a guarantee of hidden defects (articles 1641 to 1649 of the French Civil Code). Hidden defects occur when the item is “unfit for the use for which it is intended, or which so diminishes its use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them”. A defect is said to be hidden when you do not detect it during a simple examination.

You have 2 years from the discovery of the defect to act in guarantee for hidden defects.

But contrary to the legal guarantee of conformity, you must in all cases provide proof of the hidden defect, for example by an expert assessment.

This guarantee is particularly interesting if your seller has been placed in compulsory liquidation for example and can no longer assume the legal guarantee of conformity because its allows you to go up the links in the marketing chain aigainst the manufacturer for example, which is not possible under the legal guarantee of conformity.

This type of guarantee is unknown to most European sellers because it only exists in France, Belgium, Spain, Luxembourg, Italy and Romania.

The seller offers me a commercial warranty, what is it?

The commercial warranty is a contract in which the trader, your seller or the manufacturer, guarantees the repair, replacement or reimbursement of the good in case of defect.

The seller or producer who offers/sells you a commercial warranty must specify its content, its implementation modalities, its price, its duration, its territorial scope as well as the name and postal and telephone contact details of the guarantor.

The seller ignores the legal guarantee of conformity and redirects me a to manufacturer warranty: what can I do?

The manufacturer’s warranty is a commercial warranty. Any retailer can offer it to you, free of charge or against payment (after-sales service). However, it does not cancel the legal guarantees which are the responsibility of your seller.

Moreover, commercial guarantee contracts must mention the existence of the guarantee of conformity AND, in France, the guarantee of hidden defects.

Is a commercial warranty worth the money?

Commercial warranties vary from one country to another, from one seller to another. For a commercial warranty, whether free of charge or not, to be advantageous, it must offer more than the legal guarantee of conformity.  

It can be advantageous if, for example:

• its duration is longer than the legal guarantee;
• you do not have to prove the existence of a defect (as a reminder, in France as in Portugal, you do not have to prove anything during the 2 years of the legal guarantee of conformity);
• a replacement device is offered to you for the duration of the repair;
• the return of the defective product is organised by the seller;
• a home repair procedure is provided;
• all costs of expertise, repair or replacement of the product are covered by the guarantor.

Find out what your rights are before accepting a commercial warranty, especially a paid one!

I have heard about a commercial guarantee of sustainability, what is it?

The producer can grant you a commercial guarantee for more than 2 years. This is called the commercial guarantee of sustainability. The manufacturer is obliged to repair or replace the goods during the period indicated in the offer of the commercial guarantee of durability.

Commercial warranty and after-sales service: what are the differences?

Any service offered by the seller on the sold product (repair, change of parts…) which is not covered by the legal guarantee or a commercial warranty is part of the after-sales service (SAV). The after-sales services are defined in a contract of which a copy must be given to you.

Is the commercial warranty suspended during the repair period?

It depends on the applicable law. If French law applies, yes. Any period during which your device is immobilised for repair suspends the warranty. The same applies during the negotiation period when you are trying to reach an amicable settlement with your seller.

My package is damaged: can I refuse it?

If the package arrives damaged, refuse it and indicate your reasons for refusal directly on the delivery note. Then contact your seller and the transport company in writing, preferably by a registered letter with acknowledgment of receipt + e-mail with acknowledgement of receipt, as soon as possible. Ask for the removal of the damaged product and an exchange with a compliant good. More detailed information in our article on deliveries in Europe.

My order isn’t as expected: what to do?

For any online purchase from a European professional seller, you have at least 14 days to change your mind and 14 days to return your order without having to justify yourself. More information in our article on your cooling off right.

The instruction manual of my device is not in French: is this normal?

Any seller selling his products in France must offer an instruction manual in French. More detailed information in our article on deliveries in Europe.

A consumer who, for non-professional purposes, takes out an insurance contract to supplement a good or service sold by a trader, if he/she can prove that a previous coverage for one of the risks covered by this new contract exists, may cancel this new contract, without charge or penalty, as long as it has not been fully performed or he/she has not called in any coverage. The deadline for termination is fourteen calendar days from the conclusion of the new contract.

According to the recent French law on emergency measures to protect purchasing power, no later than 1 January 2023 the subscriber will be able to terminate the contract without having to justify previous coverage and the deadline is extended to 30 days or even longer. “when the insured benefits from one or more free insurance premiums, this period runs only from the payment of all or part of the first premium”.

Read also our article on “New cancellation procedures for insurance contracts“.

Who can help me in case of a dispute with a European seller or transport company?

If you are unable to come to a solution with a seller based in another European Union Member state, in the United Kingdom, Iceland or Norway, do not hesitate to contact the European Consumer Centre of your country of residence.

If you live in France, in case of dispute with a French seller, please contact a French consumer association.

You also have the possibility of calling upon a mediator if the professional has adhered to such a system.

Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.