What guarantees for refurbished devices ?
21/08/2023
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During the acquisition, it is important to take into account the guarantees that apply to it. There are different types of warranties, including legal warranty of conformity and commercial warranty.
The legal guarantee of conformity :
The legal guarantee of conformity is a legally binding guarantee associated with goods to ensure their proper functioning when purchased by the consumer. It concerns tangible objects, goods to be manufactured or produced as well as water and gas. It concerns both new objects and refurbished or second-hand products (which were entitled to their definition recently), and generally products that include digital elements (content or services).
This warranty protects the consumer against defects making the product or its packaging unfit for the expected use, differences between the product and the description given by the seller, defects in the installation of the product or the limited performance of the product.
The concept of compliance had been defined by subjective and objective criteria in the Consumer Code. Among the subjective criteria, recent updates to this legal framework specify that there are specificities for digital products, namely the functionality, compatibility and interoperability of the product. Among the objective criteria, the concept of sustainability has been added and will be determined on a case-by-case basis for reconditioned products (the duration for a new and reconditioned product is not the same).
The GLC can be used within two years of purchase and remains valid as long as the defect can be proven to have been present at purchase. The presumption of anteriority of defect for used products has been extended by 1 year (compared to 6 months previously). And for digital content and services, they must be provided for more than 2 years. The presumption applies over the same period under the contract.
The consumer who used the guarantee can then be refunded in full if he wishes to return the product or partially if he wishes to keep it.
In addition, with the entry into force of the AGEC law on 1 January 2022, if a product fails during the legal guarantee of conformity, its duration is extended by 6 months.
The commercial guarantee:
The commercial guarantee is different from the legal guarantee of conformity. It can be added but it is not mandatory, it is up to the seller or the manufacturer to decide whether or not to issue it.
The commercial warranty is a contract based warranty. It is up to the professional (seller or manufacturer) to define the terms of this contract freely. This warranty always allows one of the following three solutions for the buyer in case of default: reimbursement of the purchase, repair of the good or replacement of the product. Contrary to the legal guarantee of conformity, the commercial guarantee can also cover any defect appearing AFTER the purchase of the property by the customer.
The detailed content of the warranty must be provided to the customer in the form of a written contract. This contract includes (and necessarily includes): the extent of the coverage, the information necessary for its implementation, its duration or its possible cost, etc.
Warranty and reconditioned :
But then, what about refurbished or used devices? In France, according to the law, reconditioned items benefit from the same guarantee as new appliances, namely the legal guarantee of conformity. As seen above, it covers breakdowns, malfunctions and limited performance for a period of two years. Performance is assessed according to the condition communicated by the seller during the sale or the prospect of sale.
A reconditioned appliance may also be subject to a commercial warranty depending on the sellers or reconditioners.
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Our goal ? Facilitate your sourcing and constantly improve your shopping experience on Dipli ! This is why we now also support you on your possible after-sales returns.
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