Sale items benefit from the same guarantees as others. (illustration) (markusspiske / Pixabay)
The legal guarantees for the exchange and return of products are unchanged during sales. In the event of a hidden defect or lack of conformity, it is possible to obtain a replacement or refund of the goods within two years. Online, consumers can also have a legal right of withdrawal of 14 days.
You have seen sale items with the mention
“neither taken back nor exchanged”
? Please be aware that this practice is illegal. Sale items benefit from the same guarantees as others, indicates the Ministry of the Economy.
A period of two years
“Limitations of guarantees on sales are illegal”
, thus recalls the official information platform Bercy Infos Particuliers. Concretely, the guarantees provided for by law concern non-apparent manufacturing defects, also called hidden defects, and more generally all defects in conformity. According to the Économie Finances Documentation Center, they include goods unfit for the usual expected use, those not corresponding to the description provided by the seller, or not presenting the qualities announced, and finally installation defects or installation manual.
As the legal conformity guarantee then allows, the consumer has a period of two years after purchase or delivery to detect and report a lack of conformity to the seller. In the case of a new good, no element is required to prove that the defect was present at the time of delivery. The merchant is always required to replace, repair, or reimburse the item.
A 14-day right of withdrawal online
On the other hand, in the absence of a hidden defect or lack of conformity, nothing obliges the seller to make an exchange or refund. However, he may do so on a purely commercial basis. Finally,
“a trader is required to apply any provision concerning exchange or refund which he has advertised”
adds the Ministry of Economy.
Please note that if the purchase is made online, the regulations are the same. By mail, the consumer even has a right of withdrawal for 14 days, sales or not, specifies the DGCCRF. During this period of time, it is possible to return a product to a seller for exchange or refund. Certain products are excluded from this right of withdrawal, such as those opened and non-returnable for hygiene or health reasons, personalized goods, or CDs, DVDs and software.
