Enforce a guarantee · Specific to: France
France: enforcing the legal guarantee of conformity
France module. Goods bought from a professional seller do not work as they should. This letter invokes the legal guarantee of conformity, with the articles checked at source.
This page gives the shape of a letter, the words that fit and the public references attached to it. It does not tell you what to do about a particular case, and it does not replace the opinion of a qualified professional. The blanks marked in the letter are for you to fill in.
When this letter fits
- The goods were bought in France from a professional seller, by a private individual.
- The defect appeared within two years of the goods being delivered.
- The seller points you to the manufacturer, or offers a paid commercial warranty in place of the legal guarantee.
When it does not fit
- The sale was between private individuals: the legal guarantee of conformity does not apply, and the universal guarantee letter fits better.
- The purchase took place in another country: use the universal template, as the articles cited here do not apply.
- The defect comes from an impact or a use excluded by the instructions: this template invokes a lack of conformity, and asking for a repair quotation is worded differently.
The letter, in full
The passages that are marked are the blanks to fill in. Paragraphs carrying a condition are written only in the case stated: the workshop does that sorting, or you do it by hand.
your town, the date
Subject: Legal guarantee of conformity: goods concerned bought on date of purchase
Reference: your file number
Dear Sir or Madam,
I bought from you goods concerned, on date of purchase. These goods were delivered to me on date the goods were delivered.
defect, described in facts
This defect appeared on date the defect appeared, that is, within the two-year period from delivery referred to in article L. 217-3 of the code de la consommation (the French consumer code).
If “The goods were bought” is “New”As the goods were bought new, the defect is presumed to have existed at the time of delivery, under article L. 217-7 of the same code, which sets that presumption at twenty-four months.
If “The goods were bought” is “Second-hand”As the goods were bought second-hand, the defect is presumed to have existed at the time of delivery, under article L. 217-7 of the same code, which sets that presumption at twelve months for second-hand goods.
If “What you choose” is “Repair”Under article L. 217-9 of the same code, which leaves the consumer the choice between repair and replacement, I choose to have the goods repaired.
If “What you choose” is “Replacement”Under article L. 217-9 of the same code, which leaves the consumer the choice between repair and replacement, I choose to have the goods replaced.
Article L. 217-11 provides that bringing the goods into conformity is to be at no charge whatsoever to the consumer, and article L. 217-10 that it is to take place within a reasonable time which cannot exceed thirty days from the request.
I am therefore asking you to take these goods in at no charge, to confirm to me in writing the date they are taken in and the date they will be returned, and to give me a file number.
I should be grateful for a reply before date by which you expect a reply.
This letter is being sent with proof of posting retained, together with a copy of the purchase invoice.
Yours faithfully,
your first name and surname
Enclosures
- A copy of the purchase invoice.
- A copy of the delivery note, where delivery took place on a different date from the purchase.
- Photographs of the defect or of the error code displayed.
- Copies of earlier work on the same goods.
The questions to answer
- The goods concerned
The make, the model and the serial number if there is one.
Example: the washing machine, make X, model Y, serial number 8812-B - The date of purchase
The date on the invoice. - The date the goods were delivered
It is this date that starts the two years running, not the date of purchase where the two differ. For something carried away from a shop, both dates are the same. - The goods were bought
The presumption does not last as long in both cases: twenty-four months for new goods, twelve months for second-hand goods.- New: A presumption of twenty-four months from delivery.
- Second-hand: A presumption of twelve months from delivery.
- The defect, described in facts
What happens, in what conditions, since when. A symptom that can be reproduced weighs more than a judgement.
Example: Since 2 August the machine stops mid-cycle and displays code E18, every time it is used. - The date the defect appeared
It places the defect inside the period, and it is the point the seller will look at first. - What you choose
The choice between repair and replacement belongs to the consumer, and it is stated in the letter.- Repair: Preferable when the goods suit you and one part will do.
- Replacement: Preferable when the fault has come back, or when the goods would be out of use for a long time.
- The date by which you expect a reply
Two weeks for the reply. Bringing the goods into conformity has a period of its own, which cannot exceed thirty days from the request.
What to ask for, precisely
- The goods taken in at no charge, transport and labour included: that is what the text says, and it is what gets argued about in practice.
- The thirty-day period respected, by quoting it: a seller who does not know it finds it in the letter.
- Two dates in writing, the date the goods are taken in and the date they come back.
- A file number, to attach the rest of the exchanges to.
- The legal guarantee, and not a paid commercial warranty offered in its place: they are two different things, and the first is not paid for.
The documents to attach
- A copy of the purchase invoice.
- A copy of the delivery note, where delivery took place on a different date from the purchase.
- Photographs of the defect or of the error code displayed.
- Copies of earlier work on the same goods.
The deadline
Two weeks for the reply, thirty days at most for bringing the goods into conformity, counted from the request. The period that decides everything is elsewhere: the defect has to appear within two years of delivery. That is why the letter dates the defect, and why it goes with proof of posting.
After sending
- Note the file number and the date the goods were taken in as soon as they arrive.
- When the goods come back, ask for something in writing saying what was done: without it, a fault that returns starts from scratch.
- If the thirty-day period is exceeded, or if bringing the goods into conformity fails, the code opens other routes: a reduction in the price or rescission of the contract. The next letter then asks for them by name.
- A written refusal from the seller is a useful document: it is what opens the way to referring the matter to a consumer ombudsman.
The legal grounds
- Code de la consommation, article L. 217-3
Le vendeur délivre un bien conforme au contrat et répond des défauts de conformité existant au moment de la délivrance qui apparaissent dans un délai de deux ans à compter de celle-ci.
in plain words: For two years after delivery, the seller remains answerable for faults the goods already had when they left. You deal with the seller, not with the manufacturer.
checked on August 24, 2026 - Code de la consommation, article L. 217-7
Les défauts de conformité qui apparaissent dans un délai de vingt-quatre mois à compter de la délivrance sont, sauf preuve contraire, présumés exister au moment de la délivrance. Pour les biens d’occasion, ce délai est de douze mois.
in plain words: For twenty-four months you prove nothing: it is for the seller to show the fault was not there at delivery. For second-hand goods this lasts twelve months.
checked on August 24, 2026 - Code de la consommation, article L. 217-9
Le consommateur sollicite auprès du vendeur la mise en conformité du bien, en choisissant entre la réparation et le remplacement.
in plain words: The choice between repair and replacement is yours. The seller cannot impose one or the other on you.
checked on August 24, 2026 - Code de la consommation, article L. 217-10
La mise en conformité du bien a lieu dans un délai raisonnable qui ne peut être supérieur à trente jours suivant la demande du consommateur.
in plain words: Once you have asked, the seller has thirty days at most to repair or replace.
checked on August 24, 2026 - Code de la consommation, article L. 217-11
La mise en conformité du bien a lieu sans aucun frais pour le consommateur.
in plain words: Putting the goods right costs you nothing. No charge may be billed to you for the repair or the replacement.
checked on August 24, 2026