Legal Guarantee Of Conformity - Lexinter Law
– correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer as a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
Defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The buyer is entitled to demand that the goods conform to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.
However, the seller may not proceed according to the buyer’s choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
The recourse action can be brought by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the civil code.