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Legal guarantee of conformity

advice Please note that:

We remind that, RAKUTEN’s contribution to the development of this Frequently Asked Questions (FAQ) is only a brief and non-exhaustive presentation of the legislation concerned. Therefore, this FAQ does not in any way constitute legal advice from RAKUTEN.

 

For more information about the legal guarantee of conformity, we invite you to consult articles L.217-3 and following of the French Consumer code.  

YES. All professional sellers, even if they are not established in France, are concerned from the moment when the sale of their goods is intended for a public of french consumers. 

In particular, the following may constitute a lack of conformity :  

  • A difference between the product received by the buyer and the description that was given in your advert ; 
  • A malfunction of the good received by the buyer ; 
  • If the good received by the buyer does not correspond to the use normally expected ; 
  • If the good received by the buyer is not received with all its accessories or notice of installation.  

More broadly, all cases listed in articles L.217-3, L.217-4 and L.217-5 of the french Consumer code may constitute lack of conformity.  

In the event of notification of a lack of conformity, you are required to repair, replace the goods sold (according to the specifications of the buyer), or refund the buyer ; within a maximum period of 30 days from the request, without any cost to the latter.   

For more information, we invite you to consult articles L.217-8, L.217-10 and L.217-11 of the French Consumer code.  

You are required to deliver a compliant product and ensure its conformity within 2 years from the date of its receipt by the buyer. 

 

It should be noted that, even if you no longer operate activity on RAKUTEN platform, you are nevertheless required to ensure the conformity of the good. 

 

Furthermore, in the event of repair of the product under the legal guarantee of conformity, a six-month warranty extension is provided for the benefit of the buyer. During this additional period of six months, you will be required to continue to ensure the conformity of the product at the request of the buyer.  

For more information, we invite you to consult articles L.217-3 and L.217-13 of the French Consumer code.  

NO. The conformity of the good must be executed without any cost to buyer. The latter cannot be required to pay for the normal use of the good. 

In addition, you are required to take charge of the fees of re-expedition of the product by the buyer.  

For more information, we invite you to consult articles L.217-10 and L.217-11 of the french Consumer code.   

Buyer can, for a period of 2 years, prove the lack of conformity of the new product that you sold him/her, by any means (by sending photos, videos, expert reports, etc.). 

Regarding second-hand good (including refurbished one), the buyer may prove the lack of conformity by any means for a period of 12 months. Beyond that, the buyer will have to prove that the lack of conformity existed on the date of receipt of the product.  

For more information, we invite you to consult article L.217-8 of the French Consumer code.   

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