The timeframe during which you can claim a legal warranty on the product conformity is 1 years for any brand new product. Basically, the manufacturing issues which appear within 1 years from the delivery of the product to the customer are assumed to exist since the time of the delivery unless proven otherwise.
• The defects of conformity which appear within 12 months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked.
What is the legal guarantee of conformity?
This is the guarantee that a consumer can assert against possible failures of a product-lack of conformity- that he has bought, without having to prove that the technical failure is not related to the customer’s use of the product. In other words, as long as this guarantee runs, it is not up to the consumer to prove the fault of the seller, who is presumed responsible.
Under what conditions does the legal guarantee of conformity apply?
• The guarantee applies given that the defect exists on the date of acquisition
• it only concerns new or used personal property (such as furniture, cars, computers, washing machines ...), and the supply of goods to be manufactured or produced (such as the production of kitchen furniture or custom windows)
• it also applies to water and gas sold in volume or quantity (bottle, tank filling ...).
• the guarantee of conformity only applies if the seller is a professional. It does not therefore apply to goods sold between individuals, by judicial authority or in public auctions.
What is a lack of conformity?
• The good does not conform to the description given by the seller and does not have the qualities that the seller has presented to you as a sample or model
• the property is unsuitable for the uses to which property of the same type is usually used
• the good is unsuitable for any special use by the consumer, made known to the seller at the time of the conclusion of the transaction and accepted by the seller
• the agreed installation has not been performed correctly by the vendor, or the installation manual is incomplete or incomprehensible, and thus because of that you have incorrectly assembled the unit
• the good has a manufacturing defect, an imperfection, a bad assembly.
However, the seller can combat this presumption by demonstrating, for example, that the defect found does not come from the product but from a misuse of it. After the period covered by the guarantee, the consumer will then have to prove the lack of conformity and an expertise may be necessary.
What does the legal guarantee of conformity cover?
This guarantee covers the defects of conformity:
• of the good
• of the packaging
• of the assembling instructions
• of the installation when it was made by the seller or carried out under his responsibility.