French Consumer Law is a comprehensive and comparative overview of French and EU law in this field, covering: advertising, unfair commercial practices, conditions for the validity of contracts, unfair terms, product conformity, latent defects, product safety.

French Consumer Law

Ordinance No 2021-1247 on the legal guarantee of conformity for goods, digital content and digital services, which transposes Directives Nos 2019/770 and 2019/771, not only materially supplements the legal guarantee of conformity in the context of the sale of goods, now governed by Articles L. 217-3 to L. 217-20 of the Consumer Code , which apply to all contracts entered into on or after 1 January …

Principle

Ordinance No 2021-1247 on the legal guarantee of conformity for goods, digital content and digital services, which transposes Directives Nos 2019/770 and 2019/771, not only materially supplements the legal guarantee of conformity in the context of the sale of goods, now governed by Articles L. 217-3 to L. 217-20 of the Consumer Code , which apply to all contracts entered into on or after 1 January 2022 , but it also introduces into the Consumer Code a legal guarantee of conformity for digital content and services, which is now the subject of a sub-section in Articles L. 224-25-12 to L. 224-12-29. 

The legal guarantee of conformity imposes a twofold obligation on the professional seller: it must deliver a good in conformity with the contract  and answer for any non-conformities existing at the time of delivery. The Consumer Code adopts a broad concept of non-conformity since it includes the defect of the thing that makes it unfit for the use normally expected of a similar good and the delivery of a good that does not correspond to the characteristics defined by mutual agreement by the parties or unfit for the special use sought by the buyer, brought to the knowledge of the seller. The unfitness of the good implies that the good delivered, which corresponds to the order, contains an apparent defect.

The Consumer Code defines the scope of the legal guarantee of conformity differently from the Civil Code and includes specific sanctions.

Previously, the legal guarantee of conformity was governed by Articles L. 217-4 to L. 217-14 (formerly Articles L. 211-4 to L. 211-14) of the Consumer Code.

Pursuant to Section 21 of Ordinance No 2021-1247.

CA Toulouse, 17 February 2020, LawLex202000000251JBJ: the buyer who placed an order, at an international fair, for a set of furniture intended to equip his bathroom and handed over a check for a deposit of approximately EUR 7,500, cannot rely on Article L. 217-4 of the French Consumer Code, if no furniture has been delivered or installed.

French Consumer Law

513. Principle

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513. Principle

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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