Commercial warranty agreement
Commercial warranty agreement A commercial warranty for a period of 1 year from the day after the last day of the legal guarantee is proposed to guarantee the conformity of the goods or appliance in addition to the guarantee of conformity resulting from articles L. 217-4 and following of the consumer code.
The purpose of this commercial warranty is to guarantee the reimbursement, replacement or repair of the purchased goods or appliance.
The seller is obliged to supply goods or an appliance that conforms to the order.
The seller undertakes to carry out any interventions necessary for the proper functioning of the appliance that is not covered by the legal guarantee.
The commercial warranty differs from the legal guarantee of conformity and the legal guarantee against hidden defects.
The buyer has the choice of invoking either the commercial warranty or one of the two legal guarantees.
The guarantee comes into effect as soon as a defect appears during the warranty period and the buyer does not have to prove that it already existed and was not apparent at the time of delivery.
The seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-15 to L. 217-17 of the Consumer Code and that relating to defects in the goods sold, under the conditions set out in Articles 1641 to 1648 and 2232 of the Civil Code.
1 On the guarantee of conformity:
Articles L. 217-4 of the Consumer Code
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been entrusted to it by the contract or has been carried out under its responsibility.”
Article L. 217-5 of the Consumer Code
“The property conforms to the contract:
1º If it is fit for the use usually expected of a similar item and, where appropriate:
– It corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
– It has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2º Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.”
Article L. 217-12 of the Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the goods.” (Consumer Code, art. L. 217-12).
2 On the commercial warranty and the period of immobilisation for the restoration of the object covered by the commercial warranty
Article L. 217-16 of the Consumer Code
“Where the buyer asks the seller, during the course of the commercial warranty granted to them at the time of the acquisition or repair of a movable object, to restore it to a state covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining term of the warranty.
This period shall run from the date of the buyer’s request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.”
3 On the guarantee against hidden defects
Article 1641 of the Civil Code
“The seller is bound by the guarantee against hidden defects in the goods sold which render them unfit for the use for which they are intended, or which so diminish such use that the buyer would not have acquired the goods, or would have paid a lesser price for them if they had been known.”
Article 1648, paragraph 1 er of the civil code
“The action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.”
The buyer does not have to pay anything in addition to the sale price.
5 Limitation of warranty
The services offered are limited.
Our appliances must operate continuously in a normal domestic environment. If an appliance is used for its intended purpose and fails within the warranty period, we are responsible for repairing or replacing it.
However, under certain circumstances, the warranty does not cover the repair or replacement of an appliance. These circumstances are clearly stated:
- Normal wear and tear, including parts that may wear out over time (fuse, belt, brush, batteries, filters, etc.).
- Accidental damage
- Damage resulting from use not in accordance with the data sheet.
- Damage caused by failure to follow the maintenance recommendations for the appliance.
- Removal of obstructions. If your appliance is blocked, please refer to the user manual for details on how to unblock it. In case of doubt, you can call the after-sales service free of charge on 01.43.89.25.79.
- Damage caused by external sources such as transportation, weather, power outages or power surges.
- Failures caused by:
- Careless use, misuse, mishandling or careless operation of the appliance;
- use of the vacuum cleaner not in accordance with the user manual;
- Use of an appliance for purposes other than normal household use in the country where it was purchased.
- The use of parts that are not assembled or installed according to instructions.
- The use of parts and accessories that are not authentic components.
- Faulty installation or assembly.
- Repairs or modifications made by parties other than the seller.
6 Territorial scope
The commercial warranty is extended by the seller throughout the national territory.