Purchase of a product: legal guarantee of conformity

Verified 25 November 2025 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

When you buy a product or a digital service, it must be consistent with expected use and to the description given by the seller. In case of defect existing at the time of deliverance of the good or service, you can implement the legal guarantee of conformity. The defect must appear to you within 2 years from the delivery of the goods, whether it's new, used, refurbished, or a digital service. In the event of a dispute, you can appeal to a mediator and then take legal action in case of failure.

Warning  

The legal guarantee of conformity applies only contracts concluded between a non-professional buyer and a seller professional.

The legal guarantee of conformity is a guarantee against all manufacturing defects when buying or delivering a product.

She is mandatory. Every seller must provide a legal guarantee of conformity on each product.

The legal guarantee of conformity is different from the commercial guarantee (which is optional) When you read about a product Guaranteed 2 years, this is the legal guarantee of conformity.

Warning  

The legal guarantee of conformity applies only contracts concluded between a non-professional buyer and a seller professional. It concerns goods purchased new or used, digital goods, content and services.

The legal guarantee of conformity does not apply not second-hand goods sold at public auction, new or second-hand goods sold by an individual or a court commissioner (formerly judicial officer and judicial auctioneer), the sale of domestic animals, free digital content and services even if they are on a material medium (for example, USB stick, CD).

Information by the seller

The seller must inform you about its products (essential functions, technical characteristics...).

He must also advise you: the seller must inquire about your needs and be able to inform you correctly according to the intended use.

The general terms and conditions of sale (GTC) of the product must include information on the warranty, its implementation, its content and its duration. These are given to you before the signing of the contract for the sale of goods.

Warning  

For a digital product or service, the T&Cs must mention, in addition, in framed, the following:

  • Information on the price or any other advantage obtained in lieu of or in addition to the payment of a price (particular commitment in case of malfunction of the purchased digital good or service: temporary provision of a 4G key for example)
  • Identity of the professional responsible for the legal guarantee of conformity on goods, digital content and digital services, the guarantee of hidden defects, the commercial guarantee and after-sales service (name, address, telephone number, email address)
  • Information, through this box, on the expected life of the product and the duration for which updates will be provided to the consumer.

These particulars must be clearly marked clear and legible, including for online sales.

Mandatory on the invoice of certain purchases

The invoice must mention the legal guarantee of conformity and its duration for the following purchases:

  • Household appliances
  • Computer equipment
  • Consumer electronic product
  • Telephone
  • Camera
  • DIY or gardening tool with electric or thermal motor
  • Game and toy, including video game console
  • Sporting goods
  • Watch and clock
  • Lamp and luminaire
  • Sunglasses
  • Furniture.

Please note

This mention is not not required on invoices for goods purchased remote.

In order to implement the legal guarantee of conformity, the 2 the following conditions must be met:

  • The defect must exist at the time of acquisition
  • The property must have been purchased from a professional.

We're talking about lack of conformity in the following situations:

  • Very unsuitable for the usual expected use of a similar good (for example, a product usually intended to operate wirelessly on a battery that must finally be connected to a mains)
  • Good that does not match the description given by the seller even if it works perfectly (for example, the color does not match the model presented)
  • Good that does not have the qualities advertised by the seller or agreed with you (for example, a hood presented as particularly quiet being noisy)
  • Good that has a manufacturing defect, imperfection, poor assembly
  • Installation that was not done properly by the seller or incomplete or incomprehensible installation manual preventing you from mounting the device properly.

Defects can come from:

  • good in itself,
  • of the packaging,
  • assembly instructions,
  • the installation when it was made by the seller or carried out under his responsibility.

The legal guarantee of conformity applies to the following contracts:

  • Sale of new or used material goods (objects, furniture or goods)
  • Sale of digital goods and services (subscription or purchase of software, subscription to a television channel or music in streaming, downloading a file, online video games,....)
  • Supply of goods to be manufactured or produced (e.g. making furniture, custom windows).

FYI  

Water and gas are concerned only when they are sold in volume or in a determined quantity (bottle, tank filling...).

The legal guarantee of conformity does not apply not in the following cases:

  • You were aware of the defect at the time of purchase
  • You could not ignore the defect at the time of purchase (for example, if the seller informed you)
  • The defect results from materials that you have supplied or added (for example, if you put a non-compliant battery in your phone)
  • The defect found does not come from the product, but from a misuse of it.

You have 2 years from the day of delivery of the good to use the warranty.

For a digital product or service that contains updates, the warranty lasts until the end of receipt of the updates.

FYI  

If you implement the warranty during the withdrawal period (14 days from receipt of the goods in case of door-to-door solicitation or distance selling), this will be interrupted. The countdown of the withdrawal period will start upon delivery of a new compliant product, whether it is repaired or replaced. If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the first business day next.

The period during which you do not have to prove the lack of conformity differs depending on whether the goods are new or digital or used or reconditioned:

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New or digital

The defect is ex officio considered to be from before the purchase of the product (we are talking about presumption of precedence). So you don't have to prove the date of the defect.

If the seller disputes the application of the warranty and believes that the defect appeared after the purchase, it is up to him to prove it.

You can return the product to the seller against delivery of a deposit ticket or notify it by mail, preferably by registered letter with acknowledgement of receipt. Your mail must be accompanied by proof of purchase: delivery note, invoice, receipt. The procedure is free of charge.

Used or refurbished property

You have 2 years from the day of delivery of the property to implement the guarantee.

The non-compliance is automatically considered to exist for a period of one year. You do not have to provide proof of the date of appearance of the defect.

If the seller disputes the application of the warranty and believes that the defect appeared after delivery, it is up to him to prove it.

Warning  

After this one-year period, you can still implement the legal guarantee of compliance, but it's up to you to prove it the existence of the lack of conformity on the day of the sale.

You can return the product to the seller against delivery of a deposit ticket or notify it by mail, preferably by registered letter with acknowledgement of receipt. Your mail must be accompanied by proof of purchase: delivery note, invoice, receipt... The procedure is free of charge.

Request the repair or replacement of the property

You must choose between the repair and the replacement non-conforming property. In case of obvious cost difference between the 2 options, the seller can impose the cheapest option.

The repair or replacement of the property must take place within 30 days of your request.

If you have made the choice to get the repair of your product, you benefit from extension of the initial 6-month warranty.

If the seller requires you to replacement of the property, the period of the legal guarantee of conformity of 2 years is renewed from the replacement of the asset.

Please note

In case of repair of a digital product, the customer can request a extended warranty until the product is refurbished.

Repairing or replacing the goods must not incur any costs (delivery, labor, equipment, etc.).

Repairing the property or replacing it should not cause you any major inconvenience. That is, the property does not possess the qualities advertised by the seller or agreed with you. It can also be a good that has a manufacturing defect, an imperfection, a poor assembly.

You have the right to suspend payment of the balance of the price or part of the price until the seller has fulfilled its obligations.

Request price reduction or termination of contract

You can get a full refund by returning the product (termination of the contract) or partially by keeping the product (price reduction), if the repair or replacement:

  • are impossible (e.g. if manufacturing has been stopped),
  • or cannot be implemented within one month of your claim,
  • or create a major inconvenience for you (i.e. the property does not possess the qualities advertised by the seller or agreed with you. It can also be a good that has a manufacturing defect, imperfection, poor assembly).

Please note

The reduction of the price or the termination of the contract must not cause you any costs (delivery, labor, equipment,...). But if this is the case (postal charges to return the goods for example), these must be refunded to you.

Claim damages

You can also request damages in court if the lack of conformity has caused you harm that you are able to prove. For example, you were unable to use your washing machine.

It's the professional salesman who has to offer you a solution.

You do not have the option of turning to the manufacturer, manufacturer or importer of the good.

Yes, because the warranty is on the property. As a result, if a good still under warranty is sold by its owner to another consumer (under buyer), the warranty always runs towards the professional seller.

1Report to Signal Conso

You can report or seek advice on fraud enforcement using the Signal Conso service:

Signal Conso: report a problem with a professional

2If your dispute persists: try mediation or conciliation

If your dispute persists with the seller, you can ask a third party to intervene. These may include:

3If mediation or conciliation has failed: go to court

If mediation or conciliation has failed, you can take the matter to court.

The court having jurisdiction depends on the sums at stake in the dispute.

  • For a dispute less than or equal to €10,000, it is the local court or the judicial court.
  • For a dispute greater than €10,000, it's the court of law.
Who shall I contact

Under certain conditions, you can benefit from:

You have 2 years to act from the delivery of the goods, regardless of the type of goods (new, reconditioned or used).

During this period, you benefit from a presumption that the defect already existed on sale. This period shall be:

  • 24 months for new and reconditioned goods,
  • 12 months for used goods.

Once the presumption expires, you can still invoke the warranty, but you will have to demonstrate that the defect existed at the time of issue.

For the digital content or services with updates, the warranty shall apply until the end of the provision of the updates provided for in the contract.

Example :

In the case of a used property :

You buy a used computer on 1er January 2024.

  • Until 1er January 2025However, any defect found is presumed to exist at the time of sale. You have nothing to prove.
  • From January 2, 2025 to 1er January 2026, you can still use the warranty, but you will have to prove that the defect was already present at the time of purchase (expertise, finding, etc.).

In the case ofone well new :

You buy a new washing machine on 1er March 2024.

  • Until 1er March 2026However, any defect found is presumed to exist at the time of sale. You have nothing to prove.
  • You can therefore act easily during the entire 2-year period.

In the case ofone digital asset with updates :

You buy software or a digital service on 1er June 2024, with updates scheduled until 1er June 2026.

  • If a defect appears before the end of the updates, you can play the warranty.
  • The guarantee therefore lasts until the provision of updates is complete, even if the 2 legal years have expired.

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