We remind you that Rakuten’s contribution to the development of this Frequently Asked Questions (FAQ) section constitutes only a summary and non-exhaustive overview of the relevant legislation. Consequently, this FAQ cannot, in any way, be construed as legal advice from Rakuten.
For further information regarding the legal guarantee of conformity, we invite you to consult articles L.217-3 et seq. of the Consumer Code.
YES. All professional sellers, even if they are not established in France, are concerned as soon as the sale of their goods is intended for a public of French consumers.
Examples of what may constitute a lack of conformity include:
- A difference between the item received by the buyer and the description provided in your listing;
- A malfunction of the item received by the buyer;
- If the item received by the buyer does not correspond to the use usually expected;
- If the item received by the buyer is not delivered with all its accessories or installation instructions.
More broadly, any of the scenarios listed in articles L.217-3, L.217-4, and L.217-5 of the Consumer Code may constitute a lack of conformity.
In the event of a report of a lack of conformity, you are required to repair or replace the sold item (according to the buyer’s specifications), or failing that, to refund it; within a maximum period of 30 days from the request for compliance, and at no cost to the buyer.
For more information, we invite you to consult articles L.217-8, L.217-10, and L.217-11 of the Consumer Code.
You are required to deliver a compliant good and to ensure its compliance within a period of 2 years from the date of receipt of the good by the buyer.
Please note that, even if you are no longer active on the RAKUTEN platform, you are nonetheless required to ensure the compliance of the good.
Furthermore, in the event of a repair of the good as part of its compliance, an extension of the warranty of 6 months is provided for the benefit of the buyer. During this additional 6-month period, you will therefore be required to continue to ensure the compliance of the good at the buyer’s request.
For more information, we invite you to consult articles L.217-3 and L.217-13 of the Consumer Code.
NO. The bringing of the good into conformity must be done at no cost to the buyer. The latter is also not required to pay for the normal use they have made of the good.
Furthermore, you must also cover the cost of the return shipment of the item by the buyer.
For more information, we invite you to consult articles L.217-10 and L.217-11 of the Consumer Code.
The buyer may, for a period of 2 years, prove the defect of the new good that you sold them by any means (sending photos, videos, expert reports, etc.).
Regarding second-hand goods (including refurbished ones), the buyer may prove the lack of conformity by any means for a period of 12 months. Beyond that, they will have to prove that the lack of conformity existed on the date the item was received.
For more information, we invite you to consult article L.217-7 of the Consumer Code.
