Guide · Legal guarantees
Legal guarantee of conformity in France: what an online shop must display
Most pages on the legal guarantee of conformity (garantie légale de conformité) are written for buyers. This guide takes the seller's point of view and covers the rules for selling to consumers in France: the mandatory box in your terms and conditions, the information to give before the order, the guarantee against hidden defects, and the harmonised European notice that applies in the Union from 27/09/2026.
What the legal guarantee requires of the seller
The legal guarantee of conformity is owed by the seller, not by the manufacturer: you are the one answerable for any lack of conformity that exists at delivery and appears within two years. C. conso L. 217-3 The references “C. conso” in this guide are to the French Consumer Code (Code de la consommation). You can then take action against your supplier or the producer. C. conso L. 217-31
| Point | Rule | Reference |
|---|---|---|
| Duration | Two years from delivery of the goods | L. 217-3 |
| Proof | A defect that appears within 24 months is presumed to have existed at delivery, unless proven otherwise; 12 months for second-hand goods | L. 217-7 |
| Customer's choice | The consumer chooses between repair and replacement | L. 217-9 |
| Time limit | Goods brought into conformity within a reasonable time, thirty days at most | L. 217-10 |
| Cost | Free of any charge for the consumer | L. 217-11 |
| After repair | The guarantee is extended by six months | L. 217-13 |
| Failing that | Price reduction or termination of the contract, in particular if you refuse to bring the goods into conformity or exceed thirty days | L. 217-14 |
The mandatory box in your terms and conditions of sale
Your terms and conditions must mention the existence, the conditions of implementation and the content of the legal guarantee of conformity and of the guarantee against hidden defects, as well as, where applicable, the commercial guarantee and the after-sales service. C. conso L. 211-2 For the sale of goods, this information takes the form of a box that complies with the models annexed to the French Consumer Code. C. conso D. 211-2
The model for goods (other than domestic animals) states in particular:
- the two-year period, during which the customer only has to prove that the defect exists, not when it appeared;
- repair or replacement within thirty days, free of charge, and the cases of price reduction or termination of the contract;
- a new two-year period if the seller imposes replacement when the customer asked for repair;
- the civil fine incurred by a seller who obstructs the guarantee in bad faith;
- the guarantee against hidden defects.
The terms and conditions also state the name of the trader answerable for the guarantees and its postal, telephone and e-mail contact details. C. conso D. 211-1 Separate models exist for domestic animals and for digital content and digital services. Annexes to Articles D. 211-2 and D. 211-3
In practice. Reproduce the text of the model without rewording it, in a visually distinct block (border or coloured background), preceded by the name, address, telephone number and e-mail address of the department that handles guarantees.
Before the order: pre-contractual information
Before the customer is bound, you must inform them of the existence of the legal guarantees and how to use them, and of any commercial guarantees. C. conso L. 111-1, 5° · L. 221-5, 5° The text requires you to use the terms “garantie légale” (legal guarantee) and, if you also offer one, “garantie commerciale” (commercial guarantee). C. conso R. 111-1
On an online shop, a link to the “Garanties légales” (legal guarantees) section of your terms and conditions from product pages and from the order confirmation step makes this information available at the right time.
The guarantee against hidden defects
It covers hidden defects that make the goods unfit for their intended use. C. civ. 1641 The references “C. civ.” are to the French Civil Code (Code civil). The buyer can return the goods and be refunded, or keep them and obtain a price reduction. C. civ. 1644 They must act within two years of discovering the defect. C. civ. 1648 This guarantee comes on top of the guarantee of conformity and appears in the same box.
Commercial guarantee: do not confuse the two
A commercial guarantee (paid extension, manufacturer's guarantee) comes on top of the legal guarantee without replacing it. It is provided on a durable medium, at the latest on delivery, with its content, how it works, its price, its duration, its territorial scope and the guarantor's contact details, and it states clearly that it applies without prejudice to the legal guarantee of conformity and the guarantee against hidden defects. C. conso L. 217-22
The harmonised European notice, applicable in the Union on 27/09/2026
Directive (EU) 2024/825 requires traders to remind consumers, before they are bound and in a prominent manner, of the existence and main elements of the legal guarantee of conformity, by means of a harmonised notice. Member States had to transpose it by 27/03/2026 at the latest and apply these rules from 27/09/2026. Dir. (EU) 2024/825, Art. 2 and 4 Other EU countries transpose the same directive with their own wording.
Implementing Regulation (EU) 2025/1960 of 25 September 2025 sets the layout of this notice and of a label for the commercial guarantee of durability; it applies from 27/09/2026.
- The notice. None of its elements may be modified. It includes a QR code leading to the section of the European “Your Europe” portal on the legal guarantee. For a distance sale through an online interface, it is in colour. Impl. Reg. (EU) 2025/1960, Annex I
- The “GARAN” label. It signals a voluntary commercial guarantee of durability, offered by the producer at no extra cost, covering the whole of the goods and lasting more than two years. Online, it may be displayed in nested form, provided it appears in full on the first click, mouse-over or tap. Impl. Reg. (EU) 2025/1960, Annex II
In France. The transposition is in Articles 20 and 21 of the DDADUE bill (a bill adapting French law to EU law), adopted by the Sénat (the French upper house) on 18/02/2026 and sent to the Assemblée nationale (the lower house) on 20/02/2026. The Sénat's legislative file, updated on 04/09/2026, mentions no later stage. How the notice will be displayed in France, and how it will fit with the French box, depends on this text: keep your current box.
Penalties
- Mentions missing from contractual documents. Administrative fine of up to €3,000 for an individual and €15,000 for a legal entity. C. conso L. 241-2-1
- Bad-faith obstruction of the guarantee. Civil fine of up to €300,000, which may be raised to 10% of average annual turnover. C. conso L. 241-5
- Shipping costs left to the customer. You must refund the shipping costs borne for bringing the goods into conformity within fourteen days, failing which surcharges of 10%, 20% and then 50% apply. C. conso L. 241-6
Common mistakes
- No box, or a home-made summary instead of the official model.
- Referring the customer to the manufacturer for a defect covered by the legal guarantee, when the seller is answerable for it.
- Advertising a “garantie 1 an” (1-year guarantee) or a “garantie constructeur” (manufacturer's guarantee) without distinguishing the legal guarantee from the commercial guarantee.
- Charging for the return of a defective product, or requiring the customer to pay for shipping without reimbursement.
- Applying the model for goods (“biens”) to the sale of animals or digital content.
Your action list
- Copy into your terms and conditions the box from the model that matches what you sell, without rewriting it.
- Add the name and full contact details of the trader answerable for the guarantees.
- Clearly separate “garantie légale” and “garantie commerciale” on product pages, terms and conditions and invoices.
- Place a link to your guarantees on product pages and at the order confirmation step.
- Check that your after-sales procedure covers the costs and meets the thirty-day time limit.
- Follow the adoption of the transposition law for the harmonised notice.
- For a specific case (second-hand goods, digital goods, marketplace), have your texts validated by a lawyer.
Do your terms and conditions mention the legal guarantee?
ConformRadar reads your terms and conditions and your public pages for free, then reports whether the legal guarantee of conformity, hidden defects and the two-year period appear in them, along with the withdrawal function, the consumer mediator and other points.
Sources
- Code de la consommation (French Consumer Code), Articles L. 111-1, L. 211-2, L. 217-3, L. 217-7, L. 217-9 to L. 217-11, L. 217-13, L. 217-14, L. 217-22, L. 217-31, L. 221-5, L. 241-2-1, L. 241-5, L. 241-6, R. 111-1, D. 211-1 to D. 211-3 and annexes (Légifrance, in French)
- Code civil (French Civil Code), Articles 1641, 1644 and 1648 (Légifrance, in French)
- Commission Implementing Regulation (EU) 2025/1960 of 25 September 2025, EUR-Lex
- Directive (EU) 2024/825 of 28 February 2024, EUR-Lex
- “Projet de loi portant diverses dispositions d'adaptation au droit de l'Union européenne” (DDADUE bill), legislative file, Sénat (in French)
This guide is for information only; it is not legal advice. Report an error: contact@conformradar.com.